A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Records] The Defendant was sentenced to one year of imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Seosan Branch of the Daejeon District Court on June 16, 2016, and the decision became final and conclusive on June 24, 2016, and is currently under probation.

[Criminal facts]

1. On August 29, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a C-wing truck without obtaining a driver’s license within a section of about 60 kilometers from the front of the Jin-si, Gyeonggi-si to the front road of the 2nd parallel of Gyeonggi-si, Gyeonggi-do.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is the owner of a C-wing and freight vehicle.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, the defendant operated a vehicle of approximately 60 kilometers which is not covered by mandatory insurance at the date and place specified in paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The circumstantial report on the operation of a motor vehicle without a license, a written statement on the operation of a motor vehicle, the ledger of driver's licenses, and an inspection of vehicle;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of inquiry letter, investigation report (Attachment to judgment of suspended execution, etc.), such as criminal history;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act concerning the facts constituting an offense;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, 3, 2, and 50 of the Criminal Act that aggravated concurrent crimes shall be determined by comprehensively taking into account the following circumstances as well as other conditions of sentencing as indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

- The defendant has been punished several times for the same crime, and each of the crimes of this case has been committed again during the suspension of execution due to the same crime. However, traffic accidents, etc. are committed by each of the crimes of this case.