Text
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
At the port branch of the Daegu District Court on September 15, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act, from the Daegu District Court on June 11, 2010 to a fine of KRW 2 million for the same crime, etc., and from the Daegu District Court on January 8, 2014 to a summary order of KRW 5 million for the same crime, at least twice for drinking driving.
Nevertheless, on February 4, 2015, the Defendant, without obtaining a driver's license on February 4, 2015, operated approximately 100 meters B-b-b-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same kind of non-licenseed records), and application of Acts and subordinate statutes of four copies of judgment;
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 for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that there is no record of exceeding the fine, reflects the fact that there is no record of exceeding the fine, and the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions shown in the records of the instant case, such as the circumstances after the crime);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);
1. Probation and community service order under Article 62-2 of the Criminal Act;