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A defendant shall be punished by imprisonment for six months.
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 6, 2017, at around 14:40, the Defendant, without a driver’s license, driven a DM5 car at approximately 70 km away from the Dong's house located in Suwon-si, Hongcheon-gun, Hongcheon-gun, to the point where approximately 367 km in the central highway in the Hancheon-gun.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license, arrest of suspects who violate road traffic Acts and subordinate statutes (unlicensed driving), and the application of the license ledger;
1. Article 152 of the Criminal Act applicable to the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Criminal Act selection of punishment, and selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. There is a history of criminal punishment four times for the same kind of crime with the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation.
In particular, even if a summary order of KRW 6 million was issued on November 16, 2017 for the same type of crime, it is likely that the same vehicle would have been driven and re-offending from time to time in light of the circumstances that were re-offending by using the same vehicle since one month has not passed since it was issued.
Since 194, there is no record of criminal punishment exceeding a fine, the execution of a sentence has been suspended for a certain period, but the protective observation is given to prevent recidivism.
In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.