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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 March 25, 2009, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch on March 25, 2009, and on January 29, 2014, the same court received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) and is the owner of 100CC who did not have a license plate.
On July 18, 2015, at least 14:05, the Defendant driven a 100CC, without obtaining a driver’s license, at a section of about 1 km from the front of the Defendant’s house located in Gumi-si B to the front road in Gumi-si, Youngnam Motor Vehicle Maintenance, which is located in Gumi-si., on more than two occasions, without obtaining a driver’s license, and without obtaining a driver’s license, with a blood alcohol concentration of 0.160% under the influence of mandatory insurance.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (in relation to the date, time, place, and drinking water intake), CCTV photographs, and the ledger using a drinking measuring instrument;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Registers of driver's licenses and disqualified meetings of the main office;
1. Mandatory insurance policies;
1. Previous records of judgment: Application of criminal records, inquiry reports (including two copies of a summary order attached thereto) and criminal investigation reports (including reports on confirmation of the same kind of records for driving a sound driving);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving a motor bicycle without obtaining a license for a motor bicycle), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motor bicycle not covered by mandatory insurance);
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. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;