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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On May 19, 2016, the Defendant was sentenced to six months of imprisonment with labor for a violation of road traffic law (unlicensed driving) in the Changwon District Court, and completed the execution of the sentence in the Yangyang detention center on November 16, 2016.
[Criminal facts] On September 15, 2017, the Defendant driven a C Poter II truck without obtaining a driver’s license in the section of approximately 5 km from 9-3-3, which was set up against the north-west-west of the same city, at approximately 5 km to the roads in front of the agricultural branch located in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on detection of unauthorized licenses;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and statutes concerning the suspect interrogation protocol to the defendant;
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Taking into account the fact that a repeated crime committed on February 27, 2017, which was committed on the grounds of sentencing under Article 35 of the Criminal Act, was committed during the period of repeated crime for which the Defendant was released from office on November 16, 2016, and that the Defendant committed another repeated crime even if this court was given a preference of a fine of KRW 3 million in June 2017, it is inevitable to sentence the sentence of a repeated crime.
In addition, the sentencing conditions indicated in the records, such as the defendant's age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the circumstances following the crime.