[Criminal Power] On October 14, 2016, the Defendant was sentenced to six months of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in the Busan District Court’s Branch Branch, and completed the execution of the sentence on April 13, 2017.

【Criminal Facts】

On August 15, 2019, at around 11:30, the Defendant driven a motor vehicle with low-priced driving without a motor vehicle driver’s license on a road within approximately 200 meters from the Southern-gu Incheon Metropolitan City K, and the later part of L Schools to the “N” in the same Gu M.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (verification as to whether the same type of power and repeated crime are confirmed), judgments, copies of summary orders, and the current status of acceptance by individuals;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, was that the Defendant committed the instant crime during the period of repeated crime due to the same criminal act, and even if the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (unlicensed Driving) on September 15, 2017 while driving without obtaining a license during the period of repeated crime, the Defendant committed the instant crime, and even if having committed the instant crime, it is inevitable to sentence the Defendant even for the prevention of recidivism.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the driving distance without the license was about 200 meters, etc., the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., as well as all the sentencing factors specified in the records and arguments of this case, such as the crime, shall be determined as ordered.