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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 23, 2016, the Defendant driven a motor vehicle from around 00:22 to around 45-6, Pyeongtaek-si, Pyeongtaek-dong, to around 191, at approximately 191, B, without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the register of tea and driver's licenses;
1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.
- Even though the defendant has had the history of criminal punishment for drinking and driving without a license several times, he/she again commits the instant crime; provided, however, that there is no history of criminal punishment exceeding a fine. - The defendant is against his/her mistake.