A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

[Criminal Power] On December 8, 2016, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court, and completed the execution of the sentence in the Gwangju Prison on April 27, 2017.

【Criminal Facts】

1. Around October 26, 2018, the Defendant violated the Road Traffic Act (free license) driving of B Poter II cargo vehicle without obtaining a driver’s license from approximately 200 meters section from the point near the Nam-gu, Gangnam-gu, Chungcheongnam-do, Chungcheongnam-do, Seoul to the point near the village at which the village entrance is located.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and Violation of the Road Traffic Act (Non-accident after Accidents) led the Defendant to drive B Poter II freight on October 26, 2018, at the intersection at the entrance of Gangnam-gu, Gangnam-gu, Gangnam-gu, Gangnam-gu, Nampo Village at the entrance of Gangnam-gu, Gangnam-gu, Gangnam-gu, Jinpo Village, and making it difficult to speed.

Since it is a road with an intersection, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes before entering the intersection.

Nevertheless, as stated in the above paragraph (1), the Defendant stated that he was driving in the indictment without a driver’s license of a motor vehicle, “in the state of drinking alcohol”, and the Defendant asserts that he did not drive a motor vehicle.

The evidence that corresponds to this part of the facts charged argues that ① the statement of the victim that “snicking the defendant,” and ② the defendant escaped due to the fact of driving without a license under the presumption that the defendant was aware of the fact of driving without permission. However, considering the time and place of the occurrence of the traffic accident, the existence of the witness, etc., the defendant attempted to conceal the fact of driving without a license even if he escaped.