A defendant shall be punished by imprisonment for a period of five months.

Punishment of the crime

[criminal history] On June 3, 2015, the Defendant was sentenced to imprisonment with prison labor for one year due to the injury resulting from confinement at the Jeju High Court Branch of Gwangju High Court, the violation of Road Traffic Act (non-licensed driving), the violation of Road Traffic Act (driving) and the crime of forced indecent act, and the execution of the sentence was completed on January 15, 2016 at the Net Prison.

[2] Although the Defendant’s driver’s license was revoked as of October 24, 1998, on August 20, 2016, the Defendant driven a Maz car at approximately 2 km from the front of the Gi-Do Community Welfare Center, located in the 2252, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (verification of repeated crime period);

1. Relevant legal provisions and the choice of punishment for a crime: Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the same Act, and the choice of imprisonment;

1. Aggravation of repeated crime: The defendant for the reason of sentencing Article 35 of the Criminal Act recognizes all of the criminal facts of this case and continues to not drive in an absolute unauthorized state in the future.

It is true that there is a difference in the situation.

However, in full view of the following circumstances revealed in the arguments and records of this case, there is a need for strict punishment since it cannot be deemed that the defendant's tolerance is no longer meaningful as punishment.

① Even after 200 years of 200, the Defendant was punished for six months of imprisonment due to drinking or non-licensed driving in 2002, for two years of suspended sentence, and for ten months of imprisonment due to drinking or non-licensed driving in 2004 and for two years of suspended sentence. After that, the Defendant was punished for both 2004, for 2010, for 2010, for 2012, and for 2013, for the same crime, the Defendant was given an opportunity to be punished several times by a fine.

may be seen.

(2) Subsequent to the defendant, the defendant is committing another indecent act while driving a drinking or non-license without permission.