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A defendant shall be punished by imprisonment for not less than five 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
On December 5, 2014, at around 15:45, the Defendant, without a car driver’s license, driven a B Poter freight vehicle with approximately 30 meters from the street front of the 3410-ro, Bupyeong-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of operation without a license;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes concerning driver's license inquiry;
1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. are three times a fine between 2007 and 2012 due to unauthorized driving and one time a suspended sentence of imprisonment was imposed, but driving without a license again was conducted. The defendant reflects his gender, and all the other factors of sentencing regarding the instant case including the Defendant’s age and environment.