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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Criminal facts
On August 29, 2018, the Defendant driven a e-sports motor vehicle without obtaining a driver's license for a e-sports motor vehicle in the direction D from the side side of the road in front of the cafeteria Mapo-gu, Changwon-si, Changwon-si B.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of statutes to the ledger of driver's licenses (Cancellation, A);
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;
1. The Defendant was punished five times in total due to the offense of violating the Road Traffic Act and violating the Road Traffic Act until now.
In particular, on April 5, 2017, the above crimes are punished by imprisonment with prison labor for one year for each of the above crimes, but the execution of the sentence has been suspended for two years.
Even so, the defendant did not open at all, and committed a crime by driving without a license during the period of the suspension of execution.
If there are some circumstances, there is no room for the defendant to expect any longer.
In addition, the defendant's correction and sound rehabilitation to society cannot be achieved because his/her sentence of fine or suspension of execution is not effective.
Rather, by imposing a penalty equivalent to its liability on the accused, it is necessary to protect the citizens who had no errors by protecting them from the repeated operation of the accused’s criminal law, and prevent them from suffering suffering by their families.
Determinations shall be made.
Therefore, the defendant is sentenced to imprisonment within the scope of the sentence of imprisonment (one month to one year) with respect to the crime committed in the judgment of the defendant (as seen earlier, the defendant is in the period of suspension of execution and so the sentence of suspension of execution is to be sentenced so long as the defendant selects imprisonment.