beta
Text
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 this judgment becomes final and conclusive.
Reasons
Criminal facts
On March 29, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court on March 29, 2012, and a summary order of KRW 4 million as a fine in the same court on December 4, 2012.
"2015 Highest 151"
1. On December 31, 2014, the Defendant, without obtaining a driver’s license at around 11:40 on December 31, 2014, driven the B low-speed vehicle from the front side of the “Licheon-gu, Original Macheon-dong,” located in the original Yacheon-gu, 0.14% of alcohol alcohol level, to the front side of the original Macheon-dong police box located in the same Macheon-dong.
"2015 Highest 542"
2. On February 25, 2015, at around 14:15, the Defendant, without obtaining a driver’s license, driven a vehicle B in the section of about 10 km from the front parking lot of the Oral Sea Areas in the Oral Sea Areas in the Changwon-gu, Changwon-si to the front road of the “Urriwongging cost” located in the same Gu, while under the influence of alcohol content of 0.125%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of each host driver;
1. Application of the Acts and subordinate statutes on the ledger of driver's licenses;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting a crime;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and
1. Order to attend lectures under Article 62-2 of the Criminal Act;