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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 7, 2016, the Defendant: (a) driven B Poter truck without obtaining a driver’s license in the section of about 10km in front of the JM industry and front of the road located in the same speed from the Do of Shin-dong, Kim Jong-si on August 7, 2016, around 10:28, to the road in front of the same city.
2. On October 17, 2016, the Defendant: (a) driven a B-be cargo vehicle without obtaining a driver’s license in the section of about 135 km from around 13:40 on October 17, 2016, to around 13:40 on the west-do, Jin-gu, Jin-si located in the lower limit of the Do in the same city of Jin-gu, Jin-si; (b) from around 13:40 on the 135km away on the highway; (c)
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without licenses, and application of statutes to the ledger of driver's licenses;
1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed each of the crimes of this case at the Changwon District Court on October 5, 2009, with a fine of KRW 1.5 million due to a violation of Road Traffic Act (unlicensed driving), a fine of KRW 2.5 million due to the same offense in the same court on April 18, 2011, and a fine of KRW 3 million due to the same offense in the same court on September 14, 2015, as well as the same offense on March 28, 2003, despite having been sentenced to imprisonment for 10 months and a fine of KRW 3 million due to the same offense on September 14, 2015.
However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, etc., are comprehensively considered and sentenced to the same sentence as the order.