A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On January 20, 2017, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution for a crime of violating the Road Traffic Act at the Busan District Court on January 20, 2017, and the said judgment became final and conclusive on February 1, 2017, and is currently under suspended execution.

On April 25, 2018, the Defendant, without a driver's license of a motor vehicle around 17:40 on April 25, 2018, driven a DNA cargo vehicle over approximately 3 km section from front to C in the front intersection of the Damp-dong, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. A report on traffic accidents and a survey report on actual condition;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding criminal facts; the defendant's reason for sentencing of sentence of imprisonment under Article 152 subparag. 1 and 43 of the Act on the Road Traffic; the defendant's history of punishment for driving alcohol or driving without a license shall reach ten times in total; and the defendant's history of punishment for driving without a license even after 2016 reaches five times; in particular, the defendant was sentenced to four months of imprisonment for a crime of violating the Road Traffic Act (unlicensed Driving) at the Busan District Court on January 20, 2017 and two years of suspended sentence; the above summary order for punishing one million won for driving without a license during the suspended sentence does not relate to a non-licensed driving crime committed by the defendant after the judgment on the suspended sentence becomes final.

On January 16, 2017, before the sentence of the above suspended sentence was rendered, a summary order was issued after the sentence was issued for the crime of self-licensed driving.

Despite the receipt of the crime of this case, the crime of this case was committed again, the recent number of criminal records in the same kind since 2016 are disadvantageous circumstances, and the choice of imprisonment is made in consideration of this.

Based on these circumstances, the punishment shall be determined like the order, comprehensively taking into account all the factors of sentencing, such as the fact that the defendant is divided by mistake, the background leading up to the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, family relationship, social relation, etc.

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