[criminal history] The Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Suwon Friwon on July 20, 2016, and the decision became final and conclusive on the 28th of the same month and is still under suspension of execution.

[2] On August 20, 2016, the Defendant, without a driver’s license, driven a DK7 car at approximately five kilometers in the five-lane section from the road near the point at which Sungnam-si Branch of DK Plaslas to the road at which Sungnam-si branch of the 360-ro, Sungnam-si (Shodong-dong), is located, without a driver’s license for a motor vehicle on August 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of a suspended period);

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, reasons for sentencing of sentence of imprisonment or imprisonment with prison labor for the crime;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - In light of the fact that the defendant has a number of unlicensed driving skills for six months of imprisonment with prison labor, and re-offendered only a month after being sentenced to a ruling of the same suspension of execution, it is difficult to expect correction due to the same type of punishment so far, so it is inevitable to choose imprisonment with

However, the punishment shall be determined by considering the favorable circumstances that reflects the confession, and the circumstances that may be considered in the course of driving, by taking into account the following factors: the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and by taking into account the various sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments.