A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

On September 1, 2019, the Defendant driven a 1st ton cargo vehicle of E-wing 1 ton without obtaining a driver's license from the front of the C pharmacy located in Pyeongtaek-si, Gyeonggi-do around 00:05 to the long distance at the entrance of the DD neighboring public prosecutor's office at the same time.

" 2020 Highest 2292"

1. On December 14, 2019, the Defendant driven on the front side of Pyeongtaek-si F, around 19:50, about 5km from the front side of Pyeongtaek-si to the front side of G in the same city without a vehicle driver’s license.

2. On June 17, 2020, the Defendant driven, without the driver’s license, the cargo vehicles specified in paragraph 1, a section of about 3 km from the front side of Pyeongtaek-si F, to the front side of the I Chinese House in front of the same city of H.

Summary of Evidence

[200 High 199]

1. The defendant's legal statement and report on the circumstances of driving without licenses;

1. The application of Acts and subordinate statutes to the driver's license ledger [2020 order 2292] Defendant's statutory statement-free driving report, the circumstance report on the driver's license that was automatically made by the Defendant;

1. In the case where a public prosecutor appeals to a summary order and requests a formal trial, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act regarding criminal facts, Article 152 of the Road Traffic Act regarding the selection of punishment, Article 453 of the Criminal Procedure Act, Article 457-1 (1) of the Criminal Procedure Act), and Article 457-1 of the Criminal Procedure Act concerning the defendant's choice of imprisonment, the punishment heavier than that of the summary order is not imposed (Article 457-1 (1) of the Criminal Procedure Act). However, this restriction is not imposed

Therefore, in the above case, I would like to select the imprisonment.

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed by driving without a license of the person on June 17, 2020, with the largest penalty);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) although the Defendant did not obtain a driver’s license, he/she drives a motor vehicle repeatedly on three occasions from September 2019 to June 2020; and (b) the Defendant had the same criminal record five times before the previous conviction.

(b).