A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 26, 2013, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daegu District Court, and was released on May 19, 2013 as a ruling of revocation of detention during the period of the final appeal, and the decision of dismissal of appeal became final and conclusive on October 21, 2013, and the execution of the sentence was terminated on the date of the final and conclusive judgment.

The execution of a sentence is premised on the final judgment, and the execution of a sentence is not immediately executed, and thus, the defendant was released from the custody on May 19, 2013.

Even if this does not immediately mean the termination of the execution of the sentence, and only the execution of the sentence is terminated by the final and conclusive judgment.

I would like to say.

On August 30, 2016, the Defendant driven a motor vehicle at approximately 500 meters from the front side of a high-speed bus terminal located in Daegu Dong-gu, Daegu-gu to the front side of the Dong-dong-dong-ro 111, without obtaining a motor vehicle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about licenses, chassiss and insurance;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and text of judgment (Seoul District Court Decision 2012 High Court Decision 1138 High Court Decision 2012 High Court Decision 1138 High Court Decision, Daegu District Court Decision 2013No726, Supreme Court Decision 2013Do5914), inquiry of confinement information,

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;

1. Although the reason for sentencing Article 35 of the Aggravation of Aggravation of Cumulative Offense Act is advantageous to the fact that the defendant is committing the crime late, the defendant has the record of having been punished nine times due to driving without a license, and the defendant commits the crime of this case during the period of repeated crime, it is inevitable to punish him.

In addition, the defendant's age, sex, intelligence and environment, motive, means and result of the crime, the circumstances after the crime, etc. shall be considered and the punishment as ordered shall be determined.