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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
On May 26, 2014, the Defendant driven a motor bicycle at approximately 500 meters away from the packaging end parking lot adjacent to the Taean post office in Taean-gun, Taean-gun, Chungcheongnam-gun to about 34-8 of the same Eup, without obtaining a motorcycle driver's license on May 26, 2014, without the fact that he/she obtained a motorcycle driver's license on a 0.120% alcohol level.
Summary of Evidence
1. Legal statement of witness D;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. On September 6, 2013, the defendant for the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., committed the crime of this case again despite the fact that he had been punished by a fine of KRW 3 million due to a violation of the Road Traffic Act, etc. in the Seosan Branch of the Daejeon District Court on September 6, 2013.
The sentence shall be determined as per the disposition in consideration of various conditions of sentencing recorded in the records of this case, including the defendant's age, criminal records, circumstances of the violation, and degree, and the execution thereof shall be suspended, and the defendant shall be ordered to attend the compliance driving lecture.
It is so decided as per Disposition for the above reasons.