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A defendant shall be punished by imprisonment for a period of five months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 5, 2015, the Defendant driven a B-low XG car without a vehicle driver's license from the distance from the front page of the water surface located in 6-lane 7, Seojin-gu, Jinjin-gu, Jeonjin-gu, Seoul, to the front road of the apartment house, to approximately 100 meters from the front page of the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the detection of suspected violation of traffic laws (unlicensed driving) on the road;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
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 factors shall be considered in favor of the defendant among the reasons for sentencing);
1. On September 25, 2014, the Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was issued a summary order of a fine of three million won for a violation of road traffic laws at the Jeonju District Court on September 25, 2014, and on July 27, 2015, the same court issued a summary order of two million won for a violation of road traffic laws (drinking driving) and a violation of road traffic laws (licensed driving). However, the Defendant again committed the instant crime within a short period, even though he/she had the record of being punished for the instant crime, even though he/she was sentenced to a summary order of two million won.
Therefore, strict punishment for the defendant is required.
However, the fact that the defendant is seriously against his/her own mistake, and that there is no criminal conviction or more than a suspended sentence, etc. are favorable to the defendant.
In full view of the above circumstances and other matters on the conditions of sentencing, including the Defendant’s age, sex, environment, etc., the sentence shall be determined as per Disposition.