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A defendant shall be punished by imprisonment for not less than eight months.
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
[2016 Highest 1514] around 09:00 on August 8, 2016, the Defendant driven a Bknife car without obtaining a driver’s license from around 10km in the section of about 73 meters from the front of Geumcheon-gu, Geumcheon-gu, Seoul, to the front of the apartment, which is located in 164, according to the old city from the front of Geumcheon-gu, Geumcheon-gu, Geumcheon-gu, Seoul.
[2016 Highest 1874] On October 18, 2016, the Defendant driven a B car without obtaining a driver’s license from around 15 km from the road located in the Hannam-si, Chungcheongnam-si to the 1323rd road, Sungnam-si, Sungnam-si.
Summary of Evidence
[2016 Highest 1514]
1. Statement by the defendant in court;
1. A driver's license inquiry letter (2016 altitude 1874);
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing in favor of the defendant under Article 62-2 of the Order to Provide community service and attend lectures - The defendant's mistake is recognized, the defendant has no record of having been punished for more than a suspended sentence of execution - Unfavorable circumstances: once in 2014, one time in 2014, two times in 2016, and the defendant was punished for the same offense; and the defendant was prosecuted for the same offense due to a non-licensed driving again after he/she was charged with driving without a license under Article 1874 of the order of 2016.