A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] On February 13, 2015, the Defendant was sentenced to ten months of imprisonment due to a violation of road traffic law (unlicensed driving) in the credit support of Suwon Friwon, etc., and completed the execution of the sentence on December 12, 2015.

[ 범죄사실] 피고인은 2017. 4. 8. 15:00 경 자동차 운전면허를 받지 아니하고 여주시 신 륵 로 212 천 송이 마트 앞 도로에서부터 여주시 신 륵 로 금당 교 앞 도로까지 약 500m 구간에서 B 포터 화물차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the same criminal suspect's records and repeated crimes);

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (unlicensed Driving Point), and the selection of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the number of persons who were suspected of driving without a license since 2000 and were punished for being found to have been driving without a license after 200, and the number of persons who were punished for being found to have been drunk driving is seven times, and the number of persons who were punished for being found to have been drunk driving and punished for having caused traffic accidents during drinking.

As to the crime of this case, the Defendant was driving on his own on the ground that he was well aware of the way to which he was accompanied by the investigative agency to his destination.

As the statement is made, it seems that there is no inevitable reason that the driver is bound to drive, and the driver is continuing to drive normally without a license.

Accordingly, we decide to select and punish the punishment for the crime of this case, and consider that the defendant has committed a second act during the period of repeated crime.

However, it shall be considered in favor of the defendant when committing a crime in light of the favorable circumstances, and the sentencing conditions such as the age, sex, environment, etc. of the defendant shall be comprehensively taken into account, and the punishment shall be determined as per the order.