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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On November 4, 2016, the Defendant was sentenced to a suspended sentence of two years on November 12, 2016 by imprisonment with prison labor for a violation of road traffic law (drinking) at the Suwon Flag Flag method Board, and the said judgment became final and conclusive on November 12, 2016.
Criminal facts
On October 11, 2016, the Defendant driven a motor vehicle without obtaining a driver’s license from approximately 5 km from the front of the New University to the road near the 582 km-ro in order to ensure that the Defendant was in the Yangsan-si, Yongsan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;
1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Suspension of execution under Article 62(1) of the Criminal Act - The circumstances unfavorable to the reasons for sentencing under Article 62(1)(the following favorable circumstances) of the Criminal Act - Despite having been punished several times due to the same kind of crime, the said crime was committed again. - On August 19, 2016, the Defendant committed the instant crime without being aware of the commission of the crime committed on the grounds of the violation of the Road Traffic Act (driving) by the Sugwon method, and without being familiar with the commission of the crime on August 19, 2016. The favorable circumstances - the Defendant recognized all the facts of the instant crime. - The Defendant considered the equity with the case of being tried along with the crime of the violation of the Road Traffic Act (driving), which has become final and conclusive.