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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Criminal Power] The Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Sungnam Branch of the Suwon District Court on January 9, 2019, and the probation period becomes final and conclusive on the 17th of the same month and is currently under suspension of execution.
【Criminal Facts】
At around 12:40 on May 23, 2019, the Defendant driven a DNA e-sports car without obtaining a driver's license from approximately 50 km section from the front of the C-Won-dong Highway to the road of about 29 km-dong Highway 29 km.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of operation without a license;
1. Detection photographs;
1. Registers of driver's licenses;
1. Previous convictions as stated in the judgment: Investigation report (verification of the period of suspension of driving without a license for a suspect and of non-licenseed records), and application of Acts and subordinate statutes
1. The defendant seems to have led to the confession and reflect of the reasons for sentencing under Article 152 subparagraph 1 of the Road Traffic Act and Article 152 and Article 43 of the Road Traffic Act regarding criminal facts;
However, the Defendant had a record of being punished five times due to driving without license, and was sentenced to a suspended sentence of imprisonment due to driving without license, etc., as stated in the ruling, and again committed the instant crime without license for driving more than four months after the judgment became final and conclusive.
The sentence shall be determined as ordered in consideration of such circumstances, the age, character and conduct, environment, etc. of the defendant.