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A defendant shall be punished by imprisonment for six 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
On May 18, 2004, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (unlicensed Driving) in the Gwangju District Court's support for the promotion of the head of Gwangju District Court.
On April 12, 2020, at around 15:45, the Defendant driven a car from the Nam-gu Seoul Metropolitan City B apartment road to the same Gu C, without obtaining a driver's license.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of operation without a license;
1. Application of the statutes on the register of driver's licenses;
1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the defendant for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order has a number of records of revocation of driver’s license due to drinking driving, etc. and that the defendant has a record of the same kind of crime punished for driving without license, choice of imprisonment is inevitable
However, there are circumstances such as the fact that the defendant has not been punished by a fine or heavier punishment, and that the defendant repents his mistake.
In this context, a suspended sentence shall be imposed by comprehensively taking into account the circumstances leading up to the instant unlicensed driving, the distance and place during which a person without license was driving, and the age, character and conduct of the Defendant, and all the sentencing conditions specified in the records and arguments, including the circumstances before and after the commission of the instant crime, but community service and order