The punishment of the accused shall be four months by imprisonment.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for a violation of the Road Traffic Act at the port branch of the Daegu District Court on November 21, 2018, and the suspended sentence becomes final and conclusive on November 29, 2018.

【Criminal Facts】

1. Around 16:00 on April 16, 2020, the Defendant driven a D X-ray truck without a vehicle driver’s license from the 12km section of approximately 12 km to the front road of the north-gu, west-gu, Gyeong-si, one of the following: (a) the Defendant violated the Road Traffic Act (unlicensed).

2. The Defendant, in violation of the Resident Registration Act, unlawfully used another person’s resident registration number as if he/she was his/her resident registration number, in order to conceal the fact of driving without a license, who was required to present an identification card or disclose his/her resident registration number at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Registers of driver's licenses, and car4;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports (42 pages of investigation records);

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, and subparagraph 10 of Article 37 of the Resident Registration Act (the illegal use of another person's resident registration number) (the choice of each imprisonment with prison labor);

1. From among concurrent offenders, even though they were committed during the period of probation, such as the first head stated in the judgment of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 (only to the extent that the long-term punishment for the above two crimes is aggregated) of the Criminal Act, considering that there was a record of being sentenced to a suspended sentence one time for driving under the influence of alcohol or driving without a license and six times for a fine, the sentence of the defendant is inevitable.

However, there is no history that the defendant has divided the defendant's wrong, that the driving of this case has not caused traffic accidents, and that there has been no history of punishment as a sentence of imprisonment.