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A defendant shall be punished by imprisonment for six 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
[criminal power] On March 5, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the wooden Branch of the Gwangju District Court. On May 26, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court on May 26, 2009. On December 28, 2012, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court on December 28, 2012.
【Criminal Facts】
On April 30, 2013, the Defendant, without obtaining a driver's license on April 30, 2013, driven a Dbeccck motor vehicle from the roads on the high-tech district in Gwangju Mine-gu to the roads on the 15km in the south-dong Bluke-dong, Nam-gu, Gwangju, without obtaining a driver's license on April 30, 201.
Summary of Evidence
1. Defendant's legal statement;
1. Report on circumstantial statements of a driver of the driving school;
1. A driver's license inquiry;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. not only driven a motor vehicle while the defendant was revoked, but also repeated the crime of this case within the next short period even though he was punished three times due to the crime of drinking driving, which is the same kind of crime in the past, in view of the fact that the defendant was punished three times, it is deemed that a strict punishment is necessary for the defendant. However, although the defendant was punished five times by a fine, the defendant was divided into his mistake, and reflects the defendant, the defendant has a record of being punished five times a fine, the same crime has no criminal record other than the above fine.