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

Punishment of the crime

[Criminal Power] On September 11, 2018, the Defendant was sentenced to three years of suspension of execution on September 9, 2018 by imprisonment with prison labor for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) in the Youngcheon District Court’s Monthly Support, etc.

【Criminal Facts】

On March 1, 2019, around 07:50 on March 1, 2019, the Defendant driven the D class III truck without obtaining a driver's license in approximately 280 meters section of the 280 meters away from the parking road of Bupyeong-gun, Gangwon-do to the management office of the above apartment located in C.

Summary of Evidence

1. Defendant's legal statement;

1. 112 Declarations, written statements on the occurrence of traffic accidents, the ledger of driver's licenses for motor vehicles;

1. Previous convictions: Inquiry reports and the application of Acts and subordinate statutes concerning investigation reports (verification during the period of suspension of execution of sentence);

1. Relevant Article of the facts constituting the crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that selects the punishment, and reasons for sentencing selective to imprisonment;

1. The scope of punishment by law: Imprisonment for one month to one year;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. On September 11, 2018, the Defendant was sentenced to a suspended sentence of three years for one year and six months since the date of the sentence and six months after the date of the sentence, despite the fact that the said judgment became final and conclusive on September 9, 2018, the Defendant committed the instant non-licensed driving at the time when the said judgment was not due to the lapse of six months.

In addition, the defendant was punished for a fine of KRW 1 million due to the crime of drinking driving and driving without a license in 2000, and a fine of KRW 3.5 million due to the crime of drinking driving in 201, 8 months of imprisonment, 2 years of suspended execution, and 2 years of suspended execution, and 2016.

However, taking into account the fact that the defendant was aware of the crime, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc.