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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Criminal facts
On June 4, 2018, the Defendant driven a b1 ton truck without a driver’s license from approximately 60 km section from the front side of the racing viewing in Dongcheon-dong, Dongcheon-si to the road located in Ulsan-gun, Ulsan-do, Busan-do, Busan-do, to the road located in the direction of 28 km in Busan-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;
1. The Defendant was punished not less than eight times due to a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licenseed driving) until now (limited to not less than six times). In particular, on October 28, 2015, the Defendant committed the two crimes simultaneously and not less than six times, and the two persons were injured during traffic accidents, and on February 3, 2016, the Defendant was sentenced to imprisonment with prison labor for not less than eight months and the execution of the sentence was suspended for not less than two years.
However, the Defendant once again driven without a license on October 1, 2016 during the period of the suspension of execution, and even though the court was in the period of the suspension of execution and had been given the opportunity to take a fine, the Defendant did not change the above prior position of the court and re-licensed without a license as stated in its reasoning.
If there are some circumstances, there is no room for the defendant to expect any longer.
In addition, the defendant's correction and sound rehabilitation to society cannot be achieved because his/her sentence of fine or suspension of execution is not effective.
Rather, by imposing a penalty corresponding to the responsibility of the accused, citizens who do not have any errors by protecting citizens from repeated driving of the accused's criminal law are suffering damage and their families.