Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal history] On October 21, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (drinking driving) at the Cheongju District Court’s Cheongju District Court’s branch on May 23, 2017, and completed the execution of the sentence at the Cheongju detention center on May 23, 2017. On May 30, 2014, the Defendant was sentenced to ten months of imprisonment for a violation of the Road Traffic Act (dacting driving without a license) and was sentenced to five times in total.
[Criminal facts] On April 26, 2018, the Defendant driven F Poter Cargo Vehicles within approximately 800 meters from the vicinity of the C Office located in the Chungcheongbuk-si to the neighboring road located in the same city as D, without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. An accident scene photograph;
1. The driver's license ledger;
1. Criminal Records: References to inquiries, such as criminal history, investigation reports (Attachment to judgments related to the preceding sentence), - sentences, etc. of the Cheongju District Court Decision 2006 High Order 520, 520, Cheongju District Court Decision 2006 High Order - Investigation Report (Confirmation of Suspect's Cumulative Offense) - Application
1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;
1. Article 35 of the Criminal Act of aggravated repeated crimes provides that a person who has been sentenced to imprisonment with prison labor for a series of crimes related to traffic, such as main vehicles, even driving without obtaining a license for driving alcohol without the reason for sentencing, has served as a prison term of imprisonment. A person who has been sentenced to imprisonment with prison labor for a number of times, in addition to traffic crimes, has served as a prison term of more than ten times. A person who continues to commit a crime even after having been sentenced to imprisonment with prison labor for a number of times, and is highly likely to repeat a crime again after one year has not passed since the completion of the execution of the punishment due to driving of alcohol. Considering these circumstances, a person who is sentenced to imprisonment with prison labor shall be sentenced in consideration of the details of the crime, the circumstances after the crime, the age of the defendant, and other conditions