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A defendant shall be punished by imprisonment for not more than ten 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
1. On July 25, 2007, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Daegu District Court and racing support, and on April 13, 2009, a summary order of KRW 2 million for the same crime, etc. in the same court.
On June 25, 2015, at around 21:34, the Defendant driven G Poter Cargo Vehicles with approximately two meters alcohol concentration of 0.251% in blood at the section of about two meters from the D restaurant parking lot located in Sejong to the Frighting route.
2. No one who violates the Traffic Act and the Act on Guarantee of Automobile Compensation shall drive any motor vehicle which is not covered by mandatory insurance on a road;
Nevertheless, between June 25, 2015 and 20:00, the Defendant, from around 19:30 on June 25, 2015, operated the said cargo vehicle without obtaining a driver’s license from the Defendant’s house located at H to the said D cafeteria parking lot located at H, to around 1km, without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution (one time);
1. A written statement of I;
1. A survey report on actual conditions;
1. On-site photographs;
1. The driver's license ledger (A);
1. Mandatory insurance (G);
1. Notification of the results of crackdown on driving alcohol (A);
1. Application of Acts and subordinate statutes on the report of investigation (verification of suspect records);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code, and Article 38.