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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 7, 2016, at around 22:40, the Defendant driven a B-car without a driver's license from approximately 2 km section from around 5-6:0 to the front road of the Han Forest Industry, which is located in approximately 5691, Jeju-si, the 5-6:0 to the 5691 Jeju-si.
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. Relevant legal provisions and the choice of punishment for a crime: Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the same Act, and the choice of imprisonment;
1. Suspension of execution: Article 62(1) of the Criminal Act (The following sentencing conditions are considered in light of the sentencing conditions stipulated in Article 51 of the Criminal Act as stated below) shall be determined as ordered by considering all of the following circumstances.
The favorable circumstances: The facts constituting the crime are recognized and the case will not be driven without a license in the future.
On July 1, 2014, a fine of 2.5 million won is imposed due to a violation of the Road Traffic Act (non-licensed driving) on the road on July 1, 2014, and on August 24, 2015, and a fine of 5 million won is imposed due to a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving), but only one year has not passed since then, the crime of this case was committed at another time. The defendant was driven without a license without any awareness even though he did not have obtained a driver's license, and there is no justifiable reason to do so at the time of the instant case. It is so decided as per Disposition by the assent of all participating Justices on the grounds that the motive and circumstances of the crime, the circumstances after the crime, the defendant's occupation, age, and family relationship are above