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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【Criminal Power】 On April 7, 2015, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Ansan District Court’s Ansan Branch on April 7, 2015, and completed the execution of the sentence at the Suwon Detention House on October 7, 2015.
[2016 Highest 2641] The Defendant, without obtaining a driver’s license, driven a vehicle with a gallon in the section of about 100 meters C from the 1114-ray to the 1114-ray front of the 100 gallon road from the Sin-si, Sin-si, Sin-si, Sin-si, Sin-si on June 6, 2016.
[2016 Highest 3396] The Defendant, around 01:10 on March 24, 2016, driven a gallon vehicle without a driver’s license from the front side of the New Natural Merger Institute located in the 469-3 Sincheon-dong, Taecheon-dong, Sincheon-dong, to the front side of the new natural merger institute located in the 469-3rd 88-3rd Do.
Summary of Evidence
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to the judgment, etc. of a suspect-related case), and personal confinement status [2016 Heights2641];
1. Defendant's legal statement;
1. The register of driver's licenses (2016 Highest 3396);
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;
1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the fact that the defendant's mistake in sentencing is recognized under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act is favorable.
However, the defendant has been punished for the same kind of crime several times, and in particular, in 2012, there has been already been sentenced to punishment due to a crime without a license during the period of the same repeated crime. Nevertheless, after the execution of the punishment has been completed, he has been sentenced to a fine on one occasion for drinking and a crime without a license within the period of repeated crime and has been sentenced to a fine on one occasion after the execution of the punishment was completed.