도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment with prison labor for four months.
Punishment of the crime
On October 7, 2015, the Defendant was sentenced to one year to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in the Daegu District Court Kimcheon Branch on October 7, 2015, and completed the execution of the sentence in the Ansan Prison on July 6, 2016.
On June 21, 2018, at around 12:30, the Defendant driven a halog car without obtaining a driving license from a vehicle driving license within approximately 200 meters in front of the “D” road located in the same city as the “D” road in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: An inquiry report and an investigation report (verification of the facts and records identical to those during the same type of repeated crime) shall apply to statutes;
1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, and the choice of imprisonment;
1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is against the defendant's wrongness, the driving distance is short, and the fact that the driver's license driver's license driver's license is only once, etc. are favorable to the defendant.
However, considering the fact that there are a majority of the previous cases, there are multiple sentence due to drinking driving and unlicensed driving, the repeated crime of the same kind, the detention of a non-detained trial, and the fact that the compliance consciousness seems to be rare, it is necessary to sentence the defendant.
In addition, the punishment shall be determined in consideration of the various circumstances that serve as the conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.