A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law in the Gwangju District Court on November 10, 2016, and was sentenced to a suspended sentence of two years for a violation of road traffic law. On November 18, 201, the above judgment became final and conclusive on November 18 of the same year.

[Criminal facts] On April 6, 2018, around 23:26, the Defendant driven a B Ssp-type car without a driver’s license from approximately 1km section from the 2nd street, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, to the Sosp-dong, to the Sosp-Tool in the same Dong.

Summary of Evidence

1. Partial statement of the defendant;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history;

1. The relevant legal provision regarding criminal facts, Article 152 subparag. 1, and Article 43 of the Road Traffic Act regarding the selective sentencing of imprisonment, and the Defendant had served two times or more as licensed driving, etc., and one of them was subject to suspended execution.

However, the Defendant was driving a motor vehicle without permission during the period of suspension of execution according to the judgment on the criminal records stated in the judgment of the court below, and even if the blood alcohol concentration is not less than 0.05%, the Defendant was drinking.

On the other hand, the defendant had been punished for three times or drinking driving, and the driver's license was revoked due to drinking driving in 201, but he did not obtain a driver's license again, and he did not obtain three times or without a driver's license in this case, and it is difficult to see that the defendant's risk of recidivism is low.

Even if considering the favorable circumstances claimed by the defendant, it is necessary to choose imprisonment with prison labor as corresponding to the defendant's act.

In light of the above circumstances, the distance and place of driving without a license, the background leading up to driving without a license, the defendant's age, sexual conduct, environment, circumstances after the crime, etc., the punishment is imposed as ordered.