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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 4225]
1. On November 19, 2016, the Defendant, without obtaining a driver’s license, driven a DPoter II cargo vehicle at approximately 6 km away from the point from Sejongdong, Gangnam-gu, Seoul to the point from 16 km East-si, Hanam-si, Hanam-si.
[2017 Highest 1069]
2. On April 3, 2017, the Defendant, without obtaining a driver’s license, driven a DPoter II cargo vehicle at the 1.5km section from the 242-west-west-west-west-ro to the front road of the 280-west-ro from the west-west-ro west-ro to the same west-ro 242-west-ro.
Summary of Evidence
[2016 Highest 4225]
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license;
1. A driver's license inquiry letter (2017 Height 1069);
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. Relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime, and the choice of imprisonment (the same type of crime, and the second offense after regulating the crime under paragraph (1))
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 suspension of execution (no person who has committed the same kind of crime between the last 25 years and has no record of suspended execution or heavier);
1. To observe orders to protect and attend lectures and to prevent recidivism under Article 62-2 of the Criminal Act;