도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
On November 1, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Seoul Western District Court on November 1, 2016, and the execution of the sentence was terminated on September 29, 2017.
On September 22, 2018, the Defendant driven a motor vehicle from the front of the original 1429 to the front of the Goyang-gu, Seoyang-gu, Goyang-gu to the front of the Goyang-gu, Goyang-gu. 2018 without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Details of driver's license revocation and the ledger of driver's licenses;
1. A report on investigation (operation distance verification) - one copy of search results;
1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (pre-trial and confirmation of repeated crimes), application of Acts and subordinate statutes on the status of confinement of individuals;
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. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is that the defendant recognized the crime of this case, and reflects his mistake, is favorable to the defendant.
On the other hand, the fact that the defendant was sentenced to suspended sentence only for the violation of the Road Traffic Act (unlicensed driving) and was punished several times for traffic crimes, and that he did not know about during the period of repeated crime and again led to the crime of this case, is disadvantageous to the defendant.
In full view of the aforementioned circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various circumstances that constitute the sentencing as shown in the records and arguments of this case, including the circumstances after the crime, etc., the punishment as ordered shall be determined.