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A defendant shall be punished by imprisonment for one year.
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 May 19, 2008, the Defendant was issued a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on May 19, 2008, a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the same court on November 25, 201, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon-cheon Branch on July 24, 2012, respectively.
【Criminal Facts】
On September 3, 2014, the Defendant, without obtaining a driver’s license at around 15:40 on September 15, 2014, driven a DNA car at the section of about 26 km in the vicinity of the national highways, from the restaurant of the ‘Mag-ri' in the ‘Mag-ri' Mo-si, which is in the front of the ‘Mag-ri' Mag-ri-si, to the front of the national highways at the time of the temporary stay.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Previous convictions indicated in judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of six copies of a summary order;
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;
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;
1. The sentence shall be imposed as ordered in consideration of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., which are shown in the present arguments, including Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., and there is no record of punishment exceeding the fine, although the Defendant had the same criminal records on the grounds of sentencing.