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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 11, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a vehicle C without obtaining a driver’s license from around 800 meters away from the 46-lane to the center of Pyeongtaek-si to the 2-lane in the center of the same city to the 300-meter road in the city.
2. No person, other than an owner of a motor vehicle or a person entrusted with the operation, etc. of a motor vehicle by a motor vehicle owner in violation of the Motor Vehicle Management Act (hereinafter referred to as "motor vehicle user"), shall operate a motor vehicle;
Although the Defendant was not entrusted with matters concerning the operation, etc. of a motor vehicle by D, the owner of the motor vehicle, the Defendant operated the motor vehicle at the time and place specified in paragraph 1, notwithstanding that it was not the user of the motor vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on internal investigation (attached to the ledger, etc. for registration of motor vehicles ofC);
1. Report on internal investigation (related to D currency of owner of a vehicle);
1. The driver's license ledger;
1. Application of each statute on photographs;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Article 81 and Article 81-7-2 and Article 24-2 (1) of the Automobile Management Act (the operation of a motor vehicle by a person other than the user of a motor vehicle);
1. Selection of each sentence of imprisonment;
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. Article 62 (1) of the Criminal Act (The following favorable circumstances):
1. Reasons for sentencing under Article 62-2 of the Criminal Act that is disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists a history of a suspended sentence of imprisonment, a history of a fine imposed on several occasions due to a crime of driving under drinking or a crime without a license, and the fact that the crime in this case was committed under favorable circumstances, such as the fact that the crime was committed during the period of suspended sentence due to driving under drinking (Provided, That the period of suspended sentence has already been imposed, but there are circumstances to be taken into account in the motive for the crime in this case: The sentence on confession, reflectivity, and family relationship, etc.