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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 9, 2014, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and on August 22, 2014 from the Incheon District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Branch Order of KRW 5 million due to a violation of the Road Traffic Act (driving).
On May 31, 2015, at around 01:17, the Defendant driven a BFD car at approximately 40 km section from the front of the town town in Jung-gu Incheon Metropolitan City to the point of 33.7 km (Seoul direction) of the Seoul Gangseo-dong New Airport Highway (Seoul direction) to the point of 33.7 km (Seoul direction).
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Before judgment: Application of the summary order of Incheon Prosecutors' Office No. 2013-type and No. 96909, and the summary order of No. 2014-type and No. 22161, by statutes;
1. Article 152 subparagraph 1 of Article 152, Articles 43, 148-2 (1) 1 and 44 (1) of the Road Traffic Act applicable to the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order are three times in a short period, and the fact that the defendant has been punished twice for the crime without a license, etc., the criminal liability is heavy. However, the fact that the defendant recognizes and reflects the crime, the defendant has no record of punishment exceeding the fine, and the punishment is determined as ordered in consideration of all the conditions of sentencing such as the defendant's age, character and behavior, environment, and circumstances after the crime.