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A defendant shall be punished by imprisonment for four 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
Criminal facts
[2017 Highest 3112] On August 4, 2017, the Defendant driven a B4.5t truck from the Do in front of the window in Changwon-si, Changwon-si, the window of Changwon-si, to the intersection of Taecheon-dong, Changwon-si, the window of which is approximately 6km from around 15:30 on August 4, 2017.
[2018 Highest 55] On November 22, 2017, the Defendant driven B4.5t Cargo at approximately 2 km from the Do in front of the Triju-si in the Jeju-si, Kimhae-si without a driver’s license on November 10:35, 2017 to the Do in the Jeju-si, Kimhae-si, Do.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake was pened in depth; and (b) there are some circumstances that may be somewhat taken into account the motive and circumstances leading to each of the crimes in this case; and (c) the circumstances favorable to the Defendant.
On the other hand, the fact that the defendant had been punished for driving without a license is disadvantageous to the defendant.
In addition, the various conditions of sentencing, such as the circumstances after the crime, the defendant's age, sexual conduct, intelligence and environment, and criminal records and arguments, were comprehensively taken into account, and the sentence like the order was determined.