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A defendant shall be punished by imprisonment with prison labor for three months.
Reasons
Punishment of the crime
On November 2, 2016, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law (unlicensed driving) in the Changwon District Court's branch on November 2, 2016, and this judgment became final and conclusive on September 29, 2017.
On July 28, 2017, the Defendant, without obtaining a driver's license from around 10:55, driven a DK7 car from around 500 meters away from the front of the construction site of net-si B loan to the front of C apartment.
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: Application of Acts and subordinate statutes of two separate inquiries into each judgment and each case;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, That under favorable circumstances, such as the fact that the defendant's mistake reflects the reasons for sentencing in the first part of Article 39 (1), the motive for driving without a license may be considered, the defendant may have a previous driver's license; the defendant's previous driver's license was under the suspension of execution and protection observation period due to driving without license; the defendant was detained due to the previous driver's license; and the defendant was detained due to the previous driver's without license; and the defendant was under detention for a half year after he was released (the previous driver's license was under the appellate trial due to the previous driver's license); the previous driver's license and the crime of this case are in the relationship of concurrent crimes after Article 37 of the Criminal Code, the punishment should be determined in consideration of the criminal records, age, health condition, home environment, distance without license, the period of the previous driver's license and the circumstances after the crime of this case.