A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2015 Highest 3113] On May 4, 2015, the Defendant driven the D QM5 vehicle owned by the wife C at 20 kilometers from the roads located in the Sinhae-dong, Kim Jong-si without a driver’s license on May 13:50.

[2015 Highest 4967] On August 17, 2015, the Defendant driven a E-observer car without a driver’s license from the Do in front of the Nonghyup-si located in Busan-si to the front road of the 517 Large Forest Security Center, according to the innovation of the 517 large-scale Dong-gu, Daegu-gu.

Summary of Evidence

[2015 Highest 3113]

1. Defendant's legal statement;

1. Investigation report (Attachment, etc. to Family Register), etc. (Attachment to Family Register);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have the record of being punished several times for the same crime.

In particular, the defendant was sentenced to 8 months of imprisonment with prison labor for drinking or non-licensed driving during the period of suspension of execution in the Daegu District Court (Tgu District Court Decision 2014No4381) and was sentenced to a fine in the appellate court (Tgu District Court Decision 2014No4781).

However, the defendant has not been driving a driver without a license for three months since he had received the above prior driver's license, and he again driving a driver without a license even though he is under trial due to the above unauthorized driver's license, and it is inevitable for the defendant to punish him accordingly.

However, the punishment shall be determined as ordered in consideration of various sentencing factors as shown in the pleadings of this case, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime.