A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On April 8, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Incheon District Court on April 8, 2014, and completed the execution of the sentence at Gwangju Prison on July 29, 2015.

[Criminal facts]

1. On September 5, 2017, while serving in Pyeongtaek-si C, the Defendant illegally used the vehicle: (a) entered the vehicle with FK3 car owned by the victim E, a car rental fee for the workplace where the Defendant was parked at that place, using the fact that the employees left the vehicle in front of the aforementioned company due to the shortage of ordinary parking space at around 12:30 on the same day, while leaving the vehicle by double parking and leaving the key inside the vehicle without locking the door.

After taking the keys of the vehicle located in the Si guard, the driver arbitrarily driven the vehicle owned by the victim and used the vehicle temporarily without the consent of the victim.

2. On September 12, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a FK3 vehicle without obtaining a driver’s license from around 30km to around 30km from the front parking lot of Pyeongtaek-si to the trade name in which H located in the same city G from September 5, 2017, and via the Defendant’s dormitory located in the same city G, Osan-si, and without obtaining a driver’s license from around 30km to the front parking lot of the company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each statement of H and E;

1. A report on the operation of photographs and non-licenseed driver's license by cutting down the fluor video of the damaged vehicle;

1. Previous convictions: Inquiries about criminal history and application of each Act and subordinate statutes reporting criminal investigations;

1. Relevant Article 331-2 of the Criminal Act, the choice of punishment for the crime, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances as the grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime;

- As for the same crime.