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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
On December 2, 2018, at around 21:40, the Defendant driven a F Kanman II car without a vehicle driver’s license from approximately 3 km section from the front of the C Party, which is located in the C Party B, Gyeongnam-gun, to the entry and intersection in D.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;
1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting the crime;
1. The reason for sentencing selecting a sentence of imprisonment with prison labor is that the criminal record committed by a defendant who has already committed a violation of the Road Traffic Act on two occasions and the criminal record committed a violation of the Road Traffic Act on one occasion and the criminal record committed at the same time and at the same time on four occasions.
In particular, the two crimes have been committed at the same time during the four previous crimes, which have been sentenced to the suspension of the execution of imprisonment, and the two previous crimes have been sentenced to imprisonment and have been sentenced to imprisonment for a time.
(A) The Defendant had committed a violation of the Road Traffic Act (unlicensed Driving) without the opening of the sentence, on the other hand, even though the Defendant still committed a violation of the Road Traffic Act (unlicensed Driving) without the opening of the sentence.
Thus, there is no room for the defendant to expect more.
In addition, the sentence of a fine or suspension of execution to a defendant is not effective because it does not have any effect on dignity, and it is not a valid means to achieve the purpose of punishment called the correction of the defendant and his/her sound rehabilitation to society.
Rather, by imposing a punishment corresponding to its responsibility on the accused, it is necessary to protect the citizens who are without fault from the repeated driving of the accused, and to prevent them from suffering damage without fault and suffering from their families.
Therefore, the defendant is equivalent to his liability.