Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] The Defendant was sentenced to seven months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Jung-gu District Court on August 16, 2018 and completed the execution of the sentence at the Seoul East House on September 7, 2018.
【Criminal Facts】
On December 5, 2018, at around 10:25, the Defendant, without obtaining a driver's license for a motor vehicle, driven a E-Poter truck over about 1km from C in Seongbuk-gu Seoul to the front road of Seongbuk-gu Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving without a license;
1. The driver's license ledger;
1. Photographs of vehicles driven by a suspect;
1. Previous records: Application of criminal records, etc. and investigation reports and Acts and subordinate statutes;
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 crimes is that the Defendant committed the instant crime of running without obtaining a license even though he/she had been subject to criminal punishment not less than eight times due to driving without a license for a long time without obtaining a driver’s license, and even though he/she had been subject to criminal punishment not less than eight times due to driving without license, etc., the Defendant committed the instant crime of running without a license during the repeated crime due
However, considering the fact that the defendant shows a reflective figure, the defendant is relatively old, and the character and conduct of the defendant, intelligence and environment, family relations, and various sentencing factors in the trial process of this case, such as the circumstances at the time of the crime, the punishment as ordered shall be determined.