Text
A defendant shall be punished by imprisonment for six 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 1218] Around 16:40 on June 23, 2016, the Defendant driven B car without obtaining a driver’s license from around seven kilometers to the front side of the Myeon office located in Pyeongtaek-si, Pyeongtaek-si, the front side of the construction site of Pyeongtaek-si.
[2017 Highest 1470] On May 30, 2017, the Defendant driven C Poter Cargo at a section of about 60km from the front of the Incheon Southern East-dong Authority to the point of about 10.5km on the upper Do road of Pyeongtaek-si located within the Do of Pyeongtaek-si, Do, in the front of the Incheon Southern-dong Authority without obtaining a driver’s license for a motor vehicle around 15:50.
Summary of Evidence
[2016 order 1218]
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license;
1. Registers of driver's licenses (2017 Height 1470);
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Selection of each sentence 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 (The following favorable circumstances):
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists a history of being punished by a fine on several occasions due to driving without a license or driving under drinking, and that the defendant committed a case 1470 higher group of 2017 even though he/she was under investigation in the case of the 2016 higher group of 1218: Other favorable circumstances such as the confession, reflectivity, and criminal records exceeding a fine: The defendant's age, family relation, circumstances leading to the crime, etc.: Imprisonment with prison labor for 6 months, 2 years of suspension of execution, and 2 years of order of observation for protection: It is so decided as per Disposition as per Disposition.