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

Punishment of the crime

【Criminal Records of Crimes】 The Defendant was sentenced to two years of suspended execution in August 5, 2014 by imprisonment with labor for a violation of road traffic laws at the Changwon District Court's Jinju branch on October 28, 2014, and the judgment became final and conclusive on November 5, 2014, and is currently under suspended execution.

[Criminal Facts]

1. On March 23, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a D-wing-off freight vehicle without a driver’s license from the front of the Defendant’s house located in the Sin-Gun, Cheongnam-gun, Cheongnam-gun, Busan-gun, to the front of the 3km-do road located in the Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-do.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the cargo vehicle, which is owned by the defendant, without mandatory insurance, at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, ledger of driver's license, investigation report (verification of information on non-liability insurance);

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history, (A), investigation report (the previous report, binding of the judgment, and report of confirmation during the period of suspension of execution);

1. Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating automobiles which are not mandatory insurance) and the choice of imprisonment, respectively;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are capable of being punished due to drinking or non-licensed driving. Moreover, the Defendant was sentenced to a two-year suspended sentence due to the crime of drinking or non-licensed driving, and thus, committed the instant non-licensed driving crime, etc., even though he was under the suspended sentence for eight months due to the crime of drinking or non-licensed driving. In particular, the Defendant driven D truck under the influence of alcohol content 0.141% on September 4, 2010.