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

Punishment of the crime

[Criminal Power] On July 18, 2017, the Defendant was sentenced to 8 months of imprisonment with labor for a violation of the Road Traffic Act (unlicensed Driving) at the Southern District Court's Southern Branch, etc., and completed the execution of the said sentence on January 29, 2018.

【Criminal Facts】

On April 27, 2019, at around 16:27, the Defendant driven a e-learning car without obtaining a driver's license from the front of the “C cafeteria” located in the “Seoul-gun, North Korea-gun, and the vicinity of the D. 10km.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report of unauthorized drivers and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, references to criminal records, reporting on the results of confirmation of dispositions, and application of Acts and subordinate statutes to investigation reports (verification reports on similar power, etc.);

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by law: Imprisonment with prison labor for not more than two years;

2. Non-application of the sentencing criteria: A crime for which the sentencing criteria are not set, and thus, the sentencing criteria are not applied.

3. Determination of sentence: Determination of sentence shall be made in consideration of the following circumstances in the period of six months, taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime, as ordered.

[Unfavorable Circumstances] The Defendant had a history of being subject to three times or criminal punishment due to a crime of driving without a license for drinking, and all of the crimes were repeated in around 2017.

In particular, on July 18, 2017, the Defendant committed the instant crime without being opposed to the period of the repeated crime, even though one year and three months have passed since the Defendant was sentenced to a punishment for the same kind of crime in this court, and completed the prison term.

In light of the criminal records of the defendant, it seems that the criminal defendant's awareness of compliance is weak.

피고인은 노부(老父)의 약을 사기 위해 무면허운전을 한 것이므로 이 사건 범행의...