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A defendant shall be punished by imprisonment for not less than five months.
except that 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 August 15, 2015, at around 22:25, the Defendant driven a c food car without obtaining a driver's license from around 15 km section from the (jum) road located in the Gangseo-gu Busan Metropolitan City, Busan Metropolitan City, to the front road of the construction site of the 15 km-dong in Kimhae-si.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Motor Vehicle Driver's License Registers Act 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 the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant repeatedly committed the instant crime despite the past record of having been issued a summary order of KRW 1.5 million for the same crime in the same court on March 19, 2015, and the Defendant measured the blood alcohol concentration of KRW 0.040% at the time of driving without the instant license by the Busan District Court on September 16, 2014, by committing a violation of the Road Traffic Act (driving). On December 8, 2014, a summary order of KRW 5 million was issued by the Changwon District Court on December 8, 2014, and the Defendant again committed the instant crime despite the past record of being issued a summary order of KRW 1.5 million for the same crime.
However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., which reflects the error of the defendant, that the defendant did not cause a traffic accident due to the crime in this case, that the defendant has no criminal record of suspension of execution or more, that the defendant has old age and health status, and that the defendant has not good condition, shall be sentenced to the