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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 24, 2011, the Defendant filed an appeal and a final appeal by having been sentenced to four months of imprisonment with labor for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court for the crime of violation of the Road Traffic Act. On December 23, 2011, the Supreme Court completed the execution of the said sentence on December 23, 2011.
On April 14, 2013, at around 15:45, the Defendant driven a car in Pyeongtaek-do without obtaining a driver’s license from around about 1km section from around the Defendant’s house located in Pyeongtaek-gun B to the front day of the Jin Chang-gun, Jin-gun, Jin-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Registers of driver's licenses;
1. Previous records: Application of Acts and subordinate statutes on criminal records, correspondence records and personal confinement status;
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 has already been subject to criminal punishment on more than six occasions due to a violation of the Road Traffic Act (unlicensed Driving), and that the Defendant committed the instant crime without being aware of it even though he/she was a repeated offender, it is inevitable to sentence the Defendant as a sentence.
However, inasmuch as the Defendant led to the confession of the instant crime on February 2, 2012, and the Defendant was sentenced to two years of suspension of execution on August 10, 2012 due to a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.), and the said judgment became final and conclusive on February 10, 2012, and is currently in the period of suspension of execution, the sentence of the said suspension of execution shall be determined as ordered against the Defendant, taking into account the following: (a) if the instant case becomes final and conclusive, the sentence of the said suspension