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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On May 15, 2015, the Defendant was sentenced to two years of suspension of the execution of eight months of imprisonment due to a violation of the Road Traffic Act (unlicensed Driving), and the judgment became final and conclusive on May 23, 2015.
On March 26, 2015, the Defendant, without obtaining a driver's license on March 26, 2015, driven Cone Star Co., Ltd at approximately KRW 500 meters from the Do in front of a clear water restaurant located in the same side of the Dong-gun Welfare Center to the front road of the Dong-gun Welfare Center.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of operation without a license;
1. A driver's license inquiry;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (final reports on judgments of the same kind of suspect case)-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;
1. The reason for sentencing under the latter part of Article 37 and the main sentence of Article 39(1) of the Criminal Act that treats concurrent Crimes is against the defendant's attempt to commit his/her crime, but on the other hand, the defendant has been punished several times for the same crime, and the defendant has been prosecuted at this court on March 13, 2015 due to the violation of the Road Traffic Act (unlicensed Driving) by all criminal facts, etc., and again drives without a license on the same day after being served with a copy of the indictment and a writ of summons of the defendant on March 25, 2015, etc.
In determining the term of punishment, it is so decided as per Disposition in consideration of the defendant's age, family environment, motive, circumstances after the crime, circumstances after the crime, the first head of the crime in this case and the crime in this case at the same time, equity in sentencing, etc.