도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
[criminal history] On October 23, 2014, the Defendant was sentenced to 4 months of imprisonment and 6 months of imprisonment with labor for a violation of road traffic law (unlicensed driving) at the Suwon District Court’s Eunpyeong District Court on the grounds of a violation of road traffic law, etc., and completed the execution of the sentence on March 15, 2016.
[Criminal facts] On December 9, 2016, the Defendant driven a B observer car without obtaining a driver’s license from around 10-3 5 km in the direction from the female V, which is located in the lower-dong, at the time of inn city, to the front road, at around 14:20 on December 9, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license;
1. Reporting on detection of any violation of the Traffic Act (non-licenseed driving);
1. The driver's license ledger;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant was punished for drinking or driving without a license prior to the instant case. In particular, the Defendant committed the instant crime even though he had no inevitable reason to drive without a license, such as the record of the instant crime, and there is no need to do so during the period of repeated crimes. Therefore, it is inevitable to sentence the Defendant on the grounds that he committed the instant crime.
Defendant would not repeat the crime of this case in the future, against the crime of this case.
It shall be considered in favor of the fact that the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc. are considered, and the punishment as ordered shall be determined in full view of all the circumstances.