A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 15, 2007, the Defendant was sentenced to a suspended sentence of two months at the Gwangju District Court for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving). On November 3, 201, the Defendant was sentenced to a suspended sentence of two years for a period of four months and sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving) at the same court on November 3, 201. The said judgment became final and conclusive on November 11, 201, and Article 44 (1) of the Road Traffic Act was violated at least twice.

On July 30, 2012, the Defendant, without obtaining a driver’s license on July 30, 2012, driven a DNA cargo vehicle from around 0.086% from the road in front of the dwelling area in Gwangju Northern-gu, to the roads in front of the 10km-gun, Jeonsung-gun, Jeonsung-gun, Seoul, Seoul, without obtaining a driver’s license on July 30, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a driver and the register of driver's licenses;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (Attachment of a copy of judgment), and application of four copies of judgment decisions;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. There are various circumstances to consider the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, such as where the accused is disabled children and his/her offspring, who is elementary school students, support them.

However, even though the Defendant did not obtain a driver's license at all, he was sentenced to four times or more due to drinking or non-licensed driving, etc., and it is inevitable to sentence him to commit the same kind of crime during the suspension period.

In full view of the above circumstances, the punishment as ordered shall be determined as above.