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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On September 17, 2015, the defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution on September 25, 2015 by the Incheon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous and Death or Injury) and became final and conclusive on September 25 of the same month.
[Criminal facts] On May 26, 2016, the Defendant driven a B rocketing car without obtaining a driver’s license from the 5km section from the king-si, which was around 06:50 on May 26, 2016, to the IC road in the Guangcheon-dong.
On June 27, 2016, the Defendant driven a B rocketing car without obtaining a driver's license from the front day of a general restaurant in a place where it is impossible to know about the substitute of the end of 23:00 on June 27, 2016 to the 53th day of the 53th day of the vacancy in Osan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license, the ledger of licenses, and the ledger of driver's licenses;
1. Previous convictions in judgment: A reply to inquiry about criminal history, etc., confirmation of crimes during the period of suspension of execution, and application of statutes of the Incheon District Court Decision 2015 Highest 4551;
1. The provision of subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning criminal facts and the selection of imprisonment, respectively;
1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant shall be sentenced to the punishment for the following reasons: (a) the Defendant has been convicted of his/her non-licensed driving for the reason of sentencing four times; and (b) the Defendant has re-licensed driving for the following month, even though he/she was controlled by a non-licensed driving on May 26, 2016 during the suspended execution period.
In full view of all the above circumstances and various other factors of sentencing, the sentence shall be determined as per the disposition.