A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 10, 2017, at around 12:39, the Defendant driven a Category C motor vehicle without obtaining a driver's license from around 400 meters section from the front road of the end-of-land in Gyeyang-gu Incheon Gyeyang-gu, Incheon, to the front road of 855 (Slow-gu Campaign).

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes to investigation reports (in relation to inquiries about the grounds for disqualification of suspects' driving licenses);

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the crime, the reason for sentencing of sentence of imprisonment with prison labor, the confession of the defendant and the mistake are shown.

Persons, including the children of the defendant, appeal against the defendant.

The driver did not cause an accident while driving a motor vehicle, and the driver did not drive a motor vehicle without a license.

However, the Defendant had been punished five times due to driving without a license, and, in particular, again committed the instant crime during the period of probation, and again committed the instant crime (the Defendant was sentenced to one year of probation on August 9, 2017 at the Incheon District Court on the grounds of a violation of Road Traffic Act (unlicensed Driving), etc., and the said judgment became final and conclusive on August 17, 2017, and is currently under the period of probation). In addition, on October 10, 2017, the Defendant was ordered to receive a summary order of KRW 2.5 million as to “a person without a license on May 21, 2017.”

In light of the fact that the defendant repeatedly commits the same crime despite the court's continued election, it is inevitable to sentence the defendant as a sentence.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.