Text
A defendant shall be punished by imprisonment for not less than eight months.
However, 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
【Criminal Power】 On October 24, 201, the Defendant issued a summary order of a fine of one million won at the Incheon District Court for a violation of the Road Traffic Act, and a summary order of a fine of four million won at the Incheon District Court on October 29, 2012 for a violation of the Road Traffic Act.
【Criminal Facts】 On October 12, 2013, at around 03:45, the Defendant driven a vehicle of approximately 1km from the front of the Dong-gu Incheon Metropolitan City, Chungcheongnam-gu, Incheon, to the front of the Man-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, without a vehicle driver’s license,
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking and driving, and the register of driver's licenses;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 21, 2011; Supreme Court Decision 201Da1548, Apr. 21, 201; Supreme Court Decision 201Da1448, Apr. 2, 201; Supreme Court Decision 20
1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;