Text
A defendant shall be punished by imprisonment for four 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
On September 25, 2017, around 15:15, the Defendant driven a B Poter II truck owned by the Defendant without obtaining a driver’s license from a section of about 500 meters from the front road of the Apool discount store located in 56-1, Young-dong, Seoul, to the front road of the same 3rd air conditioners located in the same 69-ro, Dong-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. A driver's license inquiry;
1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable conditions: The Defendant again committed the instant crime without being aware of the fact that he/she was punished for driving without a license in 2016 and 2017.
(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;
C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.