A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

【Criminal Power】 On November 14, 2017, the Defendant was released from the Ulsan Detention House on November 30, 2018 and completed the execution of the sentence on January 8, 2019, after having been sentenced to imprisonment of one year and two months and a fine of three hundred thousand won in the Ulsan District Court.

【Criminal Facts】

1. On October 19, 2019, the Defendant illegally uses a vehicle: (a) around 18:30 on October 19, 2019, at the time of the company located in the P Apartment Q Q, and (b) at the victim R, who together resided in the place, left the key for S G70 car at the victim R, and was driving the vehicle at the victim’s own seat and was parked in the parking lot to temporarily use it.

Accordingly, the defendant used the car temporarily without the consent of the victim.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of the said G70 vehicle without obtaining a driver’s license at a section of about 56 km from the above date and place to the mountain beach located in the Dongsan-dong, Ulsan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning R;

1. Investigation report (Attachment to the register of driver's licenses following driving without licenses of a suspect A);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant Article 331-2 of the Criminal Act, the choice of punishment for the crime, Article 331-2 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and the choice of imprisonment without prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent offenders, the Defendant had continuously been punished several times by driving without a license even though he/she had not acquired a driver's license, even though he/she did not obtain a driver's license. Since he/she was sentenced to imprisonment due to a crime of unlawful use of motor vehicles and a crime of violation of the Road Traffic Act, etc., he/she had been in the period of repeated crime, it was sufficiently aware that each of the crimes of this case can be punished with heavy penalty.

(b).