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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 20:10 on November 7, 2019, the Defendant driven D's car without obtaining a driver's license from the front of Songpa-gu Seoul Metropolitan Government B to the front road of Dongdaemun-gu Seoul Dongdaemun-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving without a license;
1. The driver's license ledger;
1. Application of statutes on field photographs;
1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act on February 1, 2018, and was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act on August 1, 2018. However, the defendant committed the crime of this case without a license in the section leading to about 15 km without being aware of the crime, and the crime is not good, and the criminal records related to drinking driving are two times more than the above criminal records.
However, the defendant's disposal of the vehicle reflects his depth, such as the fact that he would not drive without a license again, the occurrence of traffic accident caused by the crime of this case does not occur, the defendant has no previous record related to driving without a license, and there is no criminal record punished by a sentence. The present period of suspension of execution is limited, and the defendant's age, character and behavior, intelligence and environment, family relations, circumstances at the time of the crime, etc. are considered, and the punishment is determined as ordered.