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The punishment of the accused shall be four months by imprisonment.
Reasons
Punishment of the crime
On November 16, 2011, the defendant was sentenced by the Suwon District Court to imprisonment with prison labor for the violation of the Road Traffic Act (refluence of measurement) and the violation of the Road Traffic Act (unlicensed Driving) and was sentenced to two years of suspended execution on June 24 of the same month, and is still under suspended execution.
On May 19, 2012, at around 04:45, the Defendant, without a car driver’s license, driven 5 km D 5 km from the front side of the new regal-distance in the Heungung-gu New-dong, Young-si, Gung-si, and the front side of the Hanbaun apartment located in the same Gubanon-dong.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on drivers, blood collection written consent, appraisal statement, the register of driver's licenses, and car inquiry;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (reports appended to relevant judgments);
1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. In light of the fact that the Defendant had a criminal record of punishment for drinking and driving without a license for seven times prior to the instant crime, including the first head prior to the judgment, and that the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even during the period of suspension of execution, it is inevitable to sentence the Defendant to a sentence.
However, the punishment as ordered shall be determined by taking into account all the conditions of sentencing, including the defendant's age, family relationship, occupation, etc., as well as the fact that the defendant's final judgment of conviction on this case has been invalidated by the previous suspended sentence, and that the defendant will not repeat again while selling his vehicle that he had been in the last place.