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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On March 11, 2019, at around 16:50, the Defendant driven a DNA liquid vehicle without obtaining a driver’s license from around 40km to around 80km on the side of the Busan Sea Highway from the front road located in the Hanam-dong, Hanam-gun, Busan, to around 16:50 meters.
2. On March 12, 2019, at around 16:45, the Defendant driven a DNA liquid vehicle without obtaining a driver’s license from around 46 km to around 86 km on the side of the Southern Sea Highway, from around 16:45 to around 86 km on the side of the Busan Sea Highway.
Summary of Evidence
1. Defendant's legal statement;
1. Each letter of authorization;
1. Current status of driving without licenses, and application of the laws and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, respectively, to apply to the crimes;
1. Of concurrent offenders, the sentencing conditions under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, including the Defendant’s age, character and conduct, family relationship, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, shall be determined as set forth in the Disposition above.
Disadvantageous circumstances: The defendant has a record of being punished by imprisonment with prison labor for a crime that repeats the driver's license without permission and drunk driving in 2010, and in 2018, he/she has been punished by a suspended sentence of imprisonment with prison labor for a drunk driving.
On November 2018, the Defendant again committed the instant crime without being aware of the fact that he/she was under trial by driving without obtaining a license on two occasions during the period of suspension of execution.
Even in that the driver's licenseless driving has gone beyond the framework, the responsibility for the crime is heavy.
The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.