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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
The defendant is a holder of the Ray Motor Vehicle B.
On January 20, 2014, at around 14:00, the Defendant driven a car without obtaining a driver’s license from approximately 100 meters away from the front of the gold gymnasium located in the Gu-U.S. Si-S., Chungcheongnam-do, Chungcheongnam-do to the front of the Central Oil Station located in the same Ri to the road.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each Act and subordinate statutes entered in the actual condition survey report, the ledger of driver's licenses, the register of car driving licenses, the car table and the mandatory insurance council;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a sentence, (Unlicensed Driving, Selection of Imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance, the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is five times in total, and the defendant, who had two previous years of driving without a license, once again engages in driving without a license, causes physical damage and additional drinking after a traffic accident in order to avoid crackdown on drinking, is considered disadvantageous circumstances.
However, it is advantageous to the fact that the defendant reflects the crime, the defendant's health status is not good, the cancellation of the registration of the Malaysia in the decision of the defendant, and the defendant's wife and the person wanting to take the action against the defendant.
In addition, in comprehensive consideration of all other circumstances revealed in the arguments, such as the age, character and conduct, environment, etc. of the defendant, a suspended sentence of imprisonment with labor accompanied by probation, community service order, and lecture order shall be imposed as ordered.