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.

Punishment of the crime

[2] On June 22, 2011, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on June 22, 201, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the same court on July 9, 2012.

On May 30, 2013, the Defendant, without obtaining a driver’s license at around 22:10 on May 30, 2013, driven a car with approximately KRW 3 km from the Do in front of the main point of the Daejeon Seomun-gu Daejeon Daejeon “Seung-gu Daejeon House” to the road front of the same Gu Seoyeong-dong, Seoyeong-gu.

[2013dan2775] On July 12, 2013, the Defendant driven a car with approximately 4 km section from the Do in front of the Daejeon Sungdong-dong, Seodong-dong, Daejeon Seodong-dong, to the road front of the Seodaedong-dong, Daejeon Seodong-dong, Daejeon, without obtaining a driver's license on July 12, 2013.

Summary of Evidence

[2013 Highest 2597]

1. Defendant's legal statement;

1. Report on circumstantial statements of a driver and the register of driver's licenses;

1. A written inquiry about criminal records, etc. (written inquiry about criminal records, etc.)

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), respectively, subparagraph 1 of Article 152 and Articles 43 of the Road Traffic Act (a point of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The risk of recidivism is high, such as purchasing a separate vehicle in the name of the woman under his/her own name, on the following day, by submitting to an investigation agency the documents to the effect that the person committed a second offense and sells his/her own vehicle even though he/she was found to have been guilty of a fine of the same kind for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 69 of the Act on the Probation, etc.: nine times or more of imprisonment without labor,