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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Criminal facts
On April 13, 2018, around 14:11, 2018, the Defendant driven an Ewing and III cargo vehicle at a section of about 800 meters from the front of the apartment house B in Changwon-si, Changwon-si to the front of the D cafeteria located in the same Gu C without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the defendant of the driver's license ledger;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;
1. The defendant has been punished twice as a crime of violation of the Road Traffic Act (driving without a license) and one time as a crime of violation of the Road Traffic Act (driving without a license), and has been punished once as a substantive concurrent crime of violation of the Road Traffic Act (driving without a license) and the Act on Special Cases concerning the Settlement of Traffic Accidents (driving without a license) and a crime of violation of the Road Traffic Act (driving without a license) and a crime of violation of the Road Traffic Act and a crime of violation of the Road Traffic Act on one occasion. In particular, the defendant has been sentenced to a fine on one occasion on one occasion as an ordinary concurrent crime (the remainder of a fine after excluding the following two crimes). In particular, the defendant was sentenced to imprisonment for eight months as a crime of violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) on December 28, 2016, but the execution of the sentence has been suspended for two years prior to the expiration of the suspension period.
In light of these circumstances, there is no room for the defendant to expect any longer.
In addition, the defendant's correction and sound rehabilitation to society cannot be achieved because his/her sentence of fine or suspension of execution is not effective.
Therefore, the sentence of imprisonment with prison labor is imposed within the scope of the punishment (one month to one year) against the crime committed in the judgment of the Defendant (as seen earlier, the Defendant committed a crime committed during the period of suspension of execution, and thus, the Defendant may not be sentenced to a suspended sentence, as long as he or she selects imprisonment).