A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 28, 2014, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (unlicensed Driving) at the Hongsung Branch of the Daejeon District Court on April 28, 2014, and the said judgment became final and conclusive on November 5, 2014.

On October 18, 2014, the Defendant, without obtaining a driver’s license, driven the said vehicle without being covered by mandatory insurance at a section of approximately 1k alcohol concentration of about 0.114% from the section of approximately 1k to the vicinity of the water office distance located in the same city from the Daegu Elementary School, Gyeongcheon-si, Taecheon-si, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Report on the circumstances of the driving of a motor vehicle;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records: Application of a reply to inquiries, such as criminal records, investigation reports, and Acts and subordinate statutes (Attachment to judgments of recent suspension of execution of the same kind sentenced by a suspect);

1. Relevant provisions of subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, has a career of being punished for drinking or unlicensed driving on several occasions, and in particular, the defendant was suspected of driving without a license on May 25, 2014, etc.