Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On February 24, 2019, around 17:00, the Defendant driven a F X-ray vehicle without obtaining a driver’s license from the front side of the C, which is located in Sincheon-si B, Gyeonggi-do, to the front side of E convenience stores located in D, Nam-si, Nam-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of operation without a license, and control photographs;
1. Application of Acts and subordinate statutes to suspect license ledgers, timely inquiries and mandatory insurance inquiries;
1. Relevant Article of the facts constituting the crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that selects the punishment, and reasons for sentencing selective to imprisonment;
1. The scope of punishment by law: Imprisonment for one month to one year;
2. The sentencing criteria for the crimes of violating the Road Traffic Act are not set.
3. The Defendant was punished for a violation of the Road Traffic Act (driving) around 2001, around 2006, around 2008, around 201, around 201, and around 2011, around 201, for a violation of the Road Traffic Act (Free Driver). On October 30, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (Free Driver) at the Jung-gu District Court on October 30, 201, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (Free Driver). At the time when four months have not elapsed since the date of the sentence above, the Defendant committed
In light of the criminal records of the defendant and the distance between the previous criminal records, etc., considering the fact that the defendant shows that he/she will not repeat the crime, the fact that the defendant is a disabled person of class 5 with a delay disability, his/her family member, etc. complaining of the defendant's preference, and there is a family member to support the defendant.
Even if a sentence is to be imposed on the defendant, it is inevitable.
In this context, the Defendant’s age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc., as well as the various conditions of sentencing as shown in the records and arguments, and the life sentence of the prosecutor (six months of imprisonment) shall be comprehensively considered.