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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Criminal facts
On September 21, 2018, around 23:57, the Defendant driven a Doz car without obtaining a driver’s license from the public parking lot located in the Samwon-si, Busan Metropolitan City and Eup to the front road of the C elementary school located in B from March 2, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);
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 has been punished for more than five times in total due to a crime of violating the Road Traffic Act or a crime of violating the Road Traffic Act until now.
Among them, the crimes of violation of traffic law (drinking) are punished for the crimes of violation of traffic law on roads three times, including the cases where the crimes are committed simultaneously, and in particular, on September 20, 2017, this court has been sentenced to imprisonment for eight months for each of the above crimes, but it has not been sentenced to a suspended sentence for two years.
However, the defendant did not open at all but only one year after the suspension of the above execution, and only one year after the suspension of the above execution has passed again to commit a crime without a driver's license.
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 equivalent to its liability on the accused, it is necessary to protect the citizens who had no errors by protecting them from the repeated operation of the accused’s criminal law, and prevent them from suffering suffering by their families.
Determinations shall be made.
Therefore, the defendant is sentenced to imprisonment with prison labor within the scope of imprisonment with prison labor (one month to one year) for a crime committed in the judgment of the defendant (as seen earlier).