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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On March 23, 2017, at around 11:55, the Defendant driven a C Popsing vehicle without obtaining a driver’s license from the front side of the three-lanes station in Suwon-si, Suwon-si, the C 393-1, to the front side of the three-lane 1, which is located in the C 395-1, in accordance with the morals of the Si/Gun/Gu, the C Popsing vehicle without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D;
1. The driver's license ledger and the driver's license ledger;
1. Application of the photographic Acts and subordinate statutes;
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Circumstances favorable to the defendant for sentencing under Article 62(1) of the Criminal Act are as follows.
The defendant has committed the crime of this case in depth through prison life, and is against himself.
The instant crime did not cause any personal and material damage.
There is no record of criminal punishment exceeding the fine due to driving without a license.
The defendant lives on a daily basis and is in an economic difficult situation.
Circumstances unfavorable to the defendant are as follows:
In 2016, the defendant has been subject to a fine twice due to driving without a driver's license, and there is a history of criminal punishment several times.
In addition to the above circumstances, in consideration of the Defendant’s age, sex, career, environment, circumstances after the commission of the crime and the circumstances after the commission of the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions as indicated in the instant records and arguments.