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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal Power] The defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act (driving on November 27, 2015) and two years of suspended execution on December 5, 2015 at the credit branch of Suwon District Court on November 27, 2015, and the judgment became final and conclusive on December 5, 2015, and is currently under suspended execution. On May 31, 2007, the same court was sentenced to ten months of imprisonment with prison labor for a violation of the Road Traffic Act (non-licensed driving) and two years of suspended execution, and was sentenced to three times of imprisonment with prison labor for a violation of the same Act (non-licensed driving).
【Criminal Facts】
On May 7, 2016, the Defendant, without a driver’s license on May 13:55, 2016, driven a C Trate car at approximately 25 K km from the front of the Seobong Park, Geong-ro 27-ro, Gecheon-si, Gecheon-si to the front of the Cheongwon Museum located in the Cheongnam-si, Gecheon-si, Necheon-si.
[criminal Power] The Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution on November 27, 2015, for a violation of the Road Traffic Act, at the credit support of the Suwon District Court on November 27, 2015, and the sentence becomes final and conclusive on December 5, 2015, and is currently under suspended execution.
【Criminal Facts】
On June 30, 2016, at around 20:20, the Defendant driven a CTXG car without obtaining a driver's license from the front Do of the citizens' hall located in the Confucian School of Ischeon-si to the front Do road of the same city, and without obtaining a driver's license from approximately 2 km section from the front Do of the citizens' center to the front Do of the same city.
Summary of Evidence
"2016 Highest 441"
1. Defendant's legal statement;
1. Report on the circumstances of driving without a license;
1. The register of driver's licenses for motor vehicles: 2016 Highest 787;
1. Defendant's legal statement;
1. Report on the circumstances of driving without a license;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the provisions of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively, with prison labor;
1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.