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

Criminal facts

On April 2, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle around 00:13, driven a motor vehicle of Category D car Ⅱ at the section of approximately 1km to the front of the fire department of Minsan Fire Station located in the 200-dong, Changwon-si, Changwon-si, Changwon-si, and located in the middle of the fire department of Minsan, according to the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the defendant of the driver's license ledger;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. The Defendant has been punished five times as a crime of violating the Road Traffic Act so far, and has been punished as a crime of violating the Road Traffic Act (unlicensed driving). Each of the above crimes was committed simultaneously, and was punished twice as an ordinary concurrent crime.

In addition, the crimes of violation of the Road Traffic Act or violation of the Road Traffic Act (drinking) and the ordinary concurrent crimes of violation of the Road Traffic Act (drinking without a license) are committed three times (the remainder of fines). In particular, on November 18, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor due to a violation of the Road Traffic Act (dacting) and was ordered to suspend the execution of the sentence for two years and to take protection and observation. However, the Defendant again committed the crimes under the judgment while being under protection and observation before the period of the suspension of execution expires.

If so, there is no room for the defendant to expect any longer.

In addition, the defendant's correction and sound rehabilitation to society cannot be achieved because his/her sentence of fine or suspension of execution is not effective.

Therefore, the Defendant is sentenced to imprisonment with prison labor within the scope of a prison labor (one month to one year) for a crime committed in the judgment of the Defendant (as seen earlier, the Defendant committed a crime during the period of suspension of execution, and thus, is sentenced to imprisonment with prison labor.