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A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 24, 2017, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment due to a violation of the Road Traffic Act in the Busan District Court's branch branch, and the judgment became final and conclusive on September 14, 2017.
On August 7, 2017, at around 14:40, the Defendant driven a B low-speed car without obtaining a driver’s license in a section of about 300 meters in front of the new world department store located in the Busan High-gu Do, Busan, for the same Dong and Dong from the front day of the hotel.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Previous convictions: A reply to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions of the disposition, and the application of indictment statutes;
1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the conditions favorable to the sentencing) is that the instant crime is driven by a license without permission. The nature of the instant crime is bad, the Defendant has a criminal record of the same kind of crime, and the Defendant was discovered while driving a drinking without a license on June 25, 2017 and was prosecuted on July 24, 2017, and immediately after the prosecution was instituted on July 24, 2017.
However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that there is a relation of final and conclusive crimes as stated in the ruling and ex post concurrent crimes.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set.