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A defendant shall be punished by imprisonment for not less than five 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
1. 피고인은 2016. 12. 3. 14:30 경 충남 논산시에 있는 골든 팰리스 아파트에서부터 같은 날 15:00 경 전 북 군산시 서면 관원리에 있는 관원 교차로 앞 도로에 이르기까지 약 50km 구간에서 자동차 운전면허를 받지 아니하고 B 포터 화물차를 운전하였다.
2. On December 14, 2016, the Defendant driven a B Poter truck without obtaining a driver’s license at a section of about 40 km from 11:00 on the same day to 21 km away from the auction site of folks in the Sinsan-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnamsan-si, to 11:00 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the current status of each unauthorized license;
1. Application of Acts and subordinate statutes to a driver's license;
1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Circumstances unfavorable to the reason for sentencing under Article 62(1) of the Criminal Act: The fact that there is a previous offense for which three times has been punished due to driving without a license, and that it is against the other favorable circumstances: The fact that it is against the situation; and