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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 25, 2016, the Defendant driven a B-type cargo vehicle within approximately 6km from the front of the new-road hot spring station located in the Yak-gu, Yak-si, Seoul, a member of the Gyeonggi-si, to the front road in the Yak-si, Goak-si, Goak-si, Goak-si, Goak-si, the Defendant driven a B-type cargo vehicle without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, and all the conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime, the sentence like the order shall be determined.
The defendant has been sentenced three times as a drinking driving or to a fine, and has a record of punishment.
Among them, the penalty of fine sentenced in 2013 had two previous penalties of the same kind, and the alcohol concentration in blood reaches 0.154%.
Nevertheless, the sentence of a fine is not a significant action.
Defendant had been driving without a license on March 9, 2016 despite the record of the above punishment, and on April 27, 2016, the court dismissed Defendant’s wife who sentenced Defendant to a fine.
However, the Defendant committed the instant crime, which was committed on behalf of the Defendant, using the same vehicle at the time of January 1.
It is concerned that the repeated wife is not likely that the defendant's awareness of the crime and compliance with the law.
It is also considered whether or not a sentence should be imposed.
Provided, That the defendant shall be given an opportunity once again considering that he/she has no record of punishment exceeding the fine.