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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 27, 2017, the Defendant driven Bone Star Co., Ltd. without obtaining a driver’s license in approximately 150 meters section of the front apartment road located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon, Bupyeong-gu. 69.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on detection of any violation of the Traffic Act (non-licenseed driving);
1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register;
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The Defendant had a record of criminal punishment of 19 times in sentencing under Article 62-2 of the Criminal Act, and among them, was punished three times due to drinking or one-time due to driving without a license, on the other hand, a criminal record of violating the Road Traffic Act is six times.
In particular, after the cancellation of the driver's license on April 15, 2014, the Defendant had been sentenced to six months of imprisonment due to traffic accidents causing injury to the victim due to driving without the driver's license in 2015, and one year of the suspension of the execution, and committed the instant crime by driving without the license again. In that the amount of running cars due to the previous judgment and the amount of running cars due to the instant crime are identical, the Defendant did not seem to have continuously been driving without the license despite the revocation of the license.
The defendant shall go to the left at a place where the left is prohibited, and go to the left, and the crime of this case is revealed, and the circumstances leading to the crime of this case are also good.
The defendant has a lot of history of punishment for violation of road traffic laws, such as drinking and non-licensed driving.
This situation is not to say that the defendant has an attitude to view the laws and regulations concerning road traffic.
However, the defendant shows the form of recognizing and opposing the crime in this court.
The defendant is not driving without a license.