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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On September 22, 2016, the Defendant was sentenced to imprisonment with prison labor for the violation of the Road Traffic Act (unlicensed Driving) at the Seoul Eastern District Court on September 2, 2016, and was sentenced to 6 months in total and 2 years in suspension of execution, and was 5 times in total.
【Criminal Facts】
On September 10, 2019, at around 10:58, the Defendant driven a Category C Poter-II cargo vehicle without a driver's license in a section of about 20 km from the B market located in the wife population in Pyeongtaek-si to Pyeongtaek-si, Pyeongtaek-ro, 49-5, to the front road in the 1st intersection.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving without a license;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 152 (1) and Article 43 of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture has reached five times the punishment records for the same criminal without a license, and among them, the probation and order to attend a lecture has a history of probation one time.
In addition, the punishment history due to drinking driving is not less than three times.
In light of these circumstances, the defendant is selected to be sentenced to imprisonment with prison labor, and the defendant is led to confession and reflect, the fact that the defendant is a living offender, the fact that the defendant will no longer drive without a license for his/her happiness with his/her store, and the defendant's age, character and behavior, circumstances leading to driving without a license, distance, and circumstances after the crime, etc., the final sentence of suspension of execution shall be determined as ordered by the court.