Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

[Criminal record] On September 5, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at the Sungdong Detention House on December 20, 2014.

[Criminal facts]

1. Around 17:00 on August 27, 2016, the Defendant was driving a Dom 518 car owned by C, the Defendant’s wife, without obtaining a driver’s license, from around about 15 km from the road near the upper street of Gangdong-gu Seoul Metropolitan Government on the upper street to the front road of the new bank located in the Gumri-si.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated a car that was not covered by mandatory insurance on the road at the date and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Mandatory insurance inquiry and the ledger of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving) of the Road Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has reached two times the criminal history of having been punished as a crime of violating the Road Traffic Act (unlicensed Driving), and there are unfavorable circumstances against the instant crime during the period of repeated crime. However, the Defendant is against the instant crime.

Although the former crime which causes repeated crimes includes the violation of the Road Traffic Act (non-licenseless Driving), the main reason for the sentence is that the former crime is due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused before the death) and the violation of the Road Traffic Act (the driving of drinking).