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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
On November 10, 2016, the defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (drinking driving) or a violation of the Road Traffic Act (drawing driving without a license) by the Daegu District Court on November 10, 2016 and the decision on November 18, 2016 became final and conclusive. On March 9, 2017, the defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (dacting driving) or a violation of the Road Traffic Act (dacting driving without a license) by the Daegu District Court on March 9, 2017 and was sentenced to a suspended sentence of two years for the last six months.
1. On May 26, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a DNA car from the Defendant’s home located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, to the singing day in the same Gu C, without the driver’s license.
2. The Defendant violated the Resident Registration Act: (a) committed a violation of the Resident Registration Act by driving without a license on the said day, in front of the said day, and (b) committed a violation of the Resident Registration Act with a resident registration number (H) of Ma-dong G, who was aware of a demand to present an identification card for identification of personal information, from F, to the police officers belonging to the Young-gu Police Station E District; and (c) committed a violation of the Act on
In this respect, the defendant used another person's resident registration number unlawfully.
Summary of Evidence
The defendant's legal statement, the driver's license ledger of the motor vehicle, and the previous convictions: The application of a reply to inquiry, such as criminal history, and the application of the Act and subordinate statutes to investigation reports (the previous convictions
1. Relevant Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (unlicensed Driving) concerning the facts constituting an offense, Article 37 Subparag. 10 of the Resident Registration Act (the illegal use of another person's resident registration number) and the choice of imprisonment with prison labor;
2. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes are against the Defendant’s wrongness, and at the construction site, the Defendant is responsible for the livelihood of his family by engaging in other work.
However, the defendant has five criminal records of traffic, and is punished for suspended execution on two occasions, and will not repeat again.