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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 27, 2013, the Defendant was sentenced to a suspended sentence of one year at the Seoul Northern District Court for the crime of violation of the Road Traffic Act (unlicensed Driving). On January 29, 2014, the sentence became null and void due to amnesty on January 29, 2014.
On March 5, 2014, around 14:50, the Defendant driven a dump truck without a car driver’s license in approximately 500 meters section from the front of 295-way to the roads near the new field located in the same Seongdong-gu Seoul Metropolitan Government.
Summary of Evidence
1. Defendant's legal statement;
1. The driver's license ledger;
1. Each report on investigation;
1. Previous convictions in judgment: The application of criminal records and investigation reports, and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the reasons for sentencing) is that the defendant, even though he/she was pardoned and was sentenced to a suspension of execution of one year and 40 hours for driving without a license, there are unavoidable circumstances where the defendant has been punished several times for driving without a license, such as being sentenced to a suspension of execution of one year and 40 hours for driving without a license.
However, the sentencing conditions as shown in the arguments of this case, such as the defendant's age, family relation, character and conduct, environment and circumstances after the crime, are considered to have been divided in depth of the defendant's mistake, the defendant does not reach the personnel accident beyond the driver's license without permission, and the defendant's age, family relation, personality and conduct, environment and others,
It is so decided as per Disposition for the above reasons.