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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On May 24, 2012, the Defendant was sentenced to a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court on May 24, 2012, and was punished five times due to a violation of the Road Traffic Act (unlicensed Driving).
【Criminal Facts of Crimes】 On April 5, 2013, around 11:23, 2013, the Defendant driven a new car from the front road of the Incheon Metropolitan Police Agency located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, to the front road of the 1542 Twit-ro, Nam-dong, Nam-gu, Seoul Metropolitan City, without a vehicle driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Do1488
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;