A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is a person who is engaged in the driving of a cargo vehicle B.

The Defendant, without a driver’s license, driven the above cargo vehicle on August 5, 2014, and driven the road in front of the section of the road expansion road construction work from the scark-scarg-scarg-scarg-scarg to the port from the scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-scarg-sag-scarg-scarg-scarg-sag-scarg-scarg-scarg-scarg-scarg-sag-scarg-scar

Summary of Evidence

1. Statement by the defendant in court;

2. C’s statement;

3. A survey report on actual condition;

4. Registers of driver's licenses.

5. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

3. Article 62 (1) of the Criminal Act;

4. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant has been punished several times in the past, and the defendant is also driving under a license without a license.

The fact that a traffic accident has been caused by another person is an element of sentencing unfavorable to the defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant is fully aware of the facts charged, the victim's injury due to the traffic accident in this case is not much severe, and the cargo vehicle operated by the defendant is covered by a comprehensive insurance policy.

Furthermore, the sentencing guidelines, including the Defendant’s age, character and conduct, environment, and criminal records, are taken into consideration equally, and also refer to “traffic crime sentencing guidelines” prepared by the Sentencing Committee.