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A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 24, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Gwangju District Court on September 1, 2017, and the judgment became final and conclusive on September 1, 2017.
On August 8, 2017, the Defendant, without obtaining a driver’s license, driven a Cstststun car from the front path of Gwangjubuk-gu, Gwangju, to the front path of the Dong-gu, Gwangju, to the “Sshick Kin” way.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (the details of regulating driving without a license);
1. The driver's license ledger;
1. Previous records: Application of investigation reports (compact of judgment, etc.), previous records of disposition and results confirmation, and Acts and subordinate statutes;
1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable conditions: The Defendant had a record of being punished for driving without a license in 2008, and the Defendant committed the instant crime again without being aware of it while being tried for driving under drinking as stated in the judgment, etc.
(b) favorable conditions: the fact that the defendant recognizes the crime of this case and reflects his mistake and takes into account equity with the concurrent judgment of the crime for which judgment has become final and conclusive.
C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.