A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 15, 2014, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (non-licensed driving) at the Seoul Southern District Court, and on April 8, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (non-licensed driving) at the Seoul Southern District Court, which became final and conclusive on April 8, 2015, and the sentence of the suspended sentence was invalidated. On April 7, 2016, the Defendant completed the execution of the final sentence at the Dong Branch of Seoul East District Court.

On April 6, 2017, the Defendant driven the B-wing truck without obtaining a driver’s license at a distance of about 13 km from the road in front of the mother market located in the 100 km-gu, Seongbuk-gu, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and applicable statutes;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. The crime of this case on the ground of sentencing Article 35 of the Criminal Act for aggravated repeated crimes is a case where the defendant drives a vehicle without a driver's license, and the quality of the crime is not good. The defendant committed the crime of this case under the condition that a driver's license is revoked on October 20, 2006, and the defendant was punished several times for the same kind of traffic crime, such as a violation of Road Traffic Act (unlicensed Driving) and a violation of Road Traffic Act ( Drinking). In particular, on April 7, 2016, the defendant committed the crime of this case at the time when one year has not passed since the execution of the sentence was completed, and it is inevitable to punish the defendant as a repeated crime because he committed the crime of this case on April 7, 2016.

However, the defendant, who led to the confession of the crime of this case, recognized his mistake, and the defendant did not cause other damages such as traffic accidents, and made his livelihood.