A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On March 27, 2014, the Defendant was sentenced to two years of suspended execution for one year of imprisonment at the Seoul Eastern District Court for a violation of the Road Traffic Act (non-licensed driving) or a violation of the Road Traffic Act (driving). The judgment became final and conclusive on April 4, 2014, and is currently in the grace period.

On December 26, 2014, at around 21:24, the Defendant, without a car driver’s license, driven C Lasta car at approximately 3km-ro 540 meters away from the 3km-ro, Jung-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of operation without a license, and the register of driver's licenses;

1. Criminal records, reply reports on criminal records, previous records of dispositions, reports on results of confirmation, and application of statutes of the judgment; and

1. The reasons for sentencing under Article 152 Subparag. 1 and Article 43 of the Road Traffic Act for criminal facts include two times from 2000 to 2013: fine 2; fine 2; fine 2; fine 2; and fine 2; and fine 3.0 times due to drinking driving; and fine 2; and fine 3.0 times as a violation of the Guarantee of Automobile Accident Compensation Act. However, in 2014, the traffic accident is caused by driving without a license or driving without a license as stated in the first head of the criminal facts and is still under suspension of execution.

Nevertheless, the Defendant still driven without a license, and the possibility of recidivism seems to be high in light of the past history.

Although the Defendant stated that he would not avoid any identical mistake in the future, and there are parents and three children to support, such circumstances should be considered as favorable factors for sentencing prescribed by imprisonment with prison labor, and the sentence of imprisonment with prison labor is inevitable in light of the foregoing force.

It is so decided as per Disposition by the assent of all participating Justices.