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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 29, 2013, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Hongsung Branch of the Daejeon District Court on November 29, 2013, and is still under suspension of execution, which became final and conclusive on December 7, 2013.
On May 10, 2014, at around 09:00, the Defendant driven a D-wing Cargo Vehicle without a driver’s license from around 800 meters away from the road located in Seocheon-gun, Seocheon-gu, Seocheon-do, 585 to the road located in C.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the driving license ledger;
1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which has already been punished by a licenseless driving throughout the period of one-day extension, and the two times among them, the defendant committed the crime of non-licenseless driving in this case even though he was sentenced to a two-year suspended sentence on November 29, 2013 and was sentenced to a two-year suspended sentence on November 29, 2013.
Although the defendant was unable to pass the driver's license test because he retired from an elementary school, he was unable to do so.
Even if we look at the process that the court has repeatedly committed the same crime, it is necessary to punish the defendant with strict punishment corresponding to the attitude of emphasizing the law.
Accordingly, the defendant is sentenced to the punishment of the defendant. However, the defendant did not have any additional risk such as traffic accident due to the crime of this case, and the driving distance is relatively short, and the defendant's age, character and behavior, environment, motive of the crime and circumstances after the crime of this case, etc. shall be determined as ordered by taking into account all the conditions of sentencing as shown in the records and arguments of this case, including the age, character and behavior, environment, motive of the crime and circumstances