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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 21, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on May 21, 201, and a fine of KRW 6 million by the same court on July 1, 2015 for a crime of violating the Road Traffic Act.
On October 31, 2015, the Defendant, without a driver’s license, driven a 50-meter motor vehicle from the front day of the mountain bathing beach located in Ulsan-dong, Ulsan-dong without a driver’s license of a motor vehicle, to the front day of the camper in the same Dong and located in the same Dong-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. A written reply, such as inquiry about criminal history;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment of any punishment provided for a crime of violating the Road Traffic Act with more severe punishment and choice of imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Supreme Court Decision 62 (1)
1. An order to attend a course under Article 62-2 of the Criminal Act;