Text
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
At around 07:50 on March 11, 2019, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a DNA-learning motor vehicle from the front of the right zone B to the front of C in Suwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of operation without a license;
1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant was the fourth unlicensed driving after the license was revoked due to drunk driving in 2017, and further, the instant unlicensed driving was committed during the period of probation.
However, considering the fact that the defendant seems to be against the truth of the crime, the fact that the defendant does not drive without a license, the fact that there is no accident due to a simple driving without license, and the family relationship of the defendant, the sentence of the defendant's sentence is somewhat harsh.
In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.