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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 20, 2014, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution at the Suwon District Court on August 20, 2014, and the said judgment became final and conclusive on August 28, 2014, and is currently under suspended execution.
1. Around 09:20 on May 11, 2015, the Defendant driving a F Poter vehicle without obtaining a driver’s license in approximately 500 meters section from the front of the Defendant’s house located in Gangwon-gun C to the front of the E’s house located in the same Gun D, from May 11, 2015.
2. Special damage: (a) the Defendant: (b) at the time and time of paragraph (1) of this Article, at the victim E’s house located in Yeongdeungpo-gun, Gangwon-gun; (c) prevented the Defendant from driving the fat in the body of the victim E; (d) caused the fat in the front part of the vehicle, which is a dangerous object, by leaving the said vehicle, into the front part of the right part of the vehicle; (c) caused the fat to the blood fat; and (d) damaged the opening of approximately KRW 75,00 in the front part of the right part of the fat fat, which is the victim’s owner; and (e) damaged it by destroying it.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. On-site photographs and the register of driver's licenses;
1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (report on the results of confirmation before disposition and during the period of suspension of execution);
1. Relevant Articles 369 (1) and 366 of the Criminal Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act;
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are as follows: (a) the Defendant, on account of the fact that he/she is under probation or suspension of execution due to habitual drunk driving, repeated without a license despite being in the period of probation or suspension of execution; (b) damaged another’s property with dangerous articles; and (c) seems to have a high risk of recidivism due to erroneous
However, the defendant's age, character and conduct shown in the argument of this case.