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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 20, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, from the Busan District Court’s Branch Branch Office, and on July 31, 2009, issued a summary order of KRW 3 million for the same crime, etc. by the same court.
[2016 Highest 1594] The Defendant is a holder of C Abdol-Wurd Motor Vehicle.
No automobile which is not covered by mandatory insurance shall be operated on a road.
Nevertheless, at around 07:20 on June 20, 2016, the Defendant driven the said car without obtaining a driving license from around 500 meters from the front of the live apartment road located in the live apartment road of Kimpo-si, Kimpo-si, 63, to the front road of the North-west Public Parking Lot in 955, as in the same city Kimpo-si.
[2016 Highest 2055] On August 12, 2016, the Defendant driven a motor vehicle of approximately 30 meters from the late door of Kimpo-dong Doldong at Kimpo-si to the long-distance of Kimpo-si in Kimpo-si, Kimpo-si, without obtaining a driver’s license on August 12, 2016, while under the influence of 0.116% alcohol in blood.
Summary of Evidence
[2016 Highest 1594]
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Registers of driver's licenses, mandatory insurance, and making inquiries into the car ledger;
1. Operating vehicles (the 2015 Highest 2055);
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The circumstantial report on the driver, the report on detection of the driver, and the register of driver's licenses attached thereto (criminal records);
1. Application of Acts and subordinate statutes to inquiries into criminal records, etc., investigation reports (former and verification), investigation reports (to attach the same type of judgment and a copy of the summary order attached thereto);
1. Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 148-2 (1) 1 and Article 44 of the Road Traffic Act concerning the crime;