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A defendant shall be punished by imprisonment for six months.
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
【Criminal Power】 On November 17, 2008, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act. On September 23, 2013, the Defendant received a summary order of KRW 5 million for the same crime from the Changwon District Court’s Tong Branch Branch of the Changwon District Court to a fine of KRW 1 million.
【Criminal Facts】 On September 22, 2014, the Defendant did not obtain a driver’s license on a motor vehicle on September 22, 2014, but driven a motor vehicle in Bcoon with a distance of approximately KRW 200 meters from the land adjacent to the same construction site to the road adjacent to the same construction site.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (a summary order attached to the same type of power);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no previous offense other than the fine imposed on the accused and the fact that his mistake has been repented);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;