A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

【Criminal Power】 On November 22, 2013, the Defendant was issued a summary order of fine of three million won by the Jeonju District Court for a violation of the Road Traffic Act, and two million won by the same court on November 25, 2009.

【Criminal Facts” around 01:20 on July 23, 2014, the Defendant, without a driver’s license of a motor vehicle, driven a DNA motor vehicle in front of the convenience point of GS25 Si-Gu, GS25 Si-Gu, Y272, Jeonju-si, Gosi-ro, 2072.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of summary order) including criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Although the reason for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend lectures had the record of punishment several times as the same crime, if the defendant again committed the crime of this case, the circumstances and the nature of the crime are not less than that of the crime of this case, but the defendant is not less than that of the crime of this case, the defendant has no criminal record more than fine due to the same crime of this case, and the sentencing materials recorded in the records of this case such as the circumstance of this case are taken into account.