A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[criminal power] On September 2, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on September 2, 2016, and the execution of the sentence was terminated in the Daegu Prison on January 16, 2017. On December 14, 2018, the Daegu District Court was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) in the Daegu District Court’s Ansan Branch on December 14, 2018, and the said judgment was finalized on May 25,

【Criminal Facts】

On November 24, 2018, at around 20:30, the Defendant, without a driver’s license, driven a d 4.5 tons truck from the front of the C cafeteria located in B of the Gyeongbuk-gun in the Gyeongbuk-gun, to the 1km National Highway additional to the D4.5 tons truck at the 1km section.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act (A);

1. Registers of driver's licenses and inquiries into the main office;

1. Previous records: Criminal records, investigation reports (Attachment to a summary order, etc. of the same kind of record), judgment, and application of Acts and subordinate statutes concerning the status of confinement;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the fact that the reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act that the defendant committed the crime of this case at the same time during the period of the same repeated crime, and that the defendant has the record of punishment several times for the same crime, it is inevitable to sentence the defendant as a sentence.

However, the punishment as ordered shall be determined in consideration of the following factors: (a) the defendant confessions the crime of this case and repents the mistake; (b) the violation of the Road Traffic Act (unlicensed Driving) in the judgment at the same time; (c) the defendant's age, character and conduct; (d) environment; (e) family relationship; (e) the means and consequence of the crime; and (e) the circumstances after the crime, etc.