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A defendant shall be punished by imprisonment for one year.
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
[criminal history] On May 14, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Seoul Northern District Court (drinking driving) and KRW 4 million for the same crime at the same court on April 1, 2015.
[2] On October 16, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on or around 06:50 on October 16, 2016, driven B-learning motor vehicle from the 10km section of approximately 10km from the front of the correction station located in the Gi-gu, Gi-gu, Gi-gu, Gi-gu, Gi-ri-si, Gi-ri-si, Gi-ri-si, Gi-ri-si, Gi-ri-ri, Gi-ri-si
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report (1) (2), a traffic accident report, and a vehicle photograph;
1. Report on the circumstances of driving on the vehicle and the driver’s license register;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the same type of force);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;
1. Prosecutor’s opinion - Two years of imprisonment;
2. Determination - Imprisonment shall be chosen in consideration of one year of imprisonment, and two years of probation, the criminal defendant's records of drinking driving over several times.
However, considering the favorable circumstances that reflects the confession, and that there is no record of the suspension of execution or more severe punishment, the punishment should be determined and the execution of the punishment should be suspended by comprehensively taking into account the following factors: the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various sentencing conditions under Article 51 of the Criminal Act as stated in the record