A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On February 2, 2017, the Defendant was sentenced to a suspended sentence of three years for a year due to a violation of road traffic law (unlicensed driving) in the Changwon District Court's branch branch on February 2, 2017, and the judgment became final and conclusive on the 10th of the same month.

Criminal facts

On October 7, 2016, 2016, the Defendant driven a car with B, from the front of the public center in the city of Pyeongtaek-gu to the front of the road at the Dong-si, which is located in the Dong-gu, Si-si. The Defendant driven a car with B, without obtaining a driver’s license, from around 1km to the front of the road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Details of driver's license revocation;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment of judgment related to subsequent concurrent crimes), and application of the text of the judgment;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. Scope of applicable sentences under law: One month to one year; or

2. In light of the fact that the defendant who was sentenced to punishment has been punished several times (four times a punishment, two times a suspended sentence of imprisonment) for traffic-related crimes, such as drinking without a license, driving without a license, etc., and that the defendant committed the instant crime while being tried due to the crime of violating the Road Traffic Act (driving without a license), it is deemed that the defendant requires a strict punishment against the defendant.

However, under favorable circumstances such as the fact that the Defendant is attempting to commit the instant crime, and the instant crime is in a concurrent relationship between the crime of violating the Road Traffic Act (unlicensed driving) and the crime of violating the Road Traffic Act (unlicensed driving) for which judgment has become final and conclusive under Article 37 of the Criminal Act, and the fact that equity should be taken into account when judgment is rendered at the same time under Article 39(1) of the Criminal Act. Taking into account all other circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., and the sentencing conditions specified in the records and arguments,