A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 11, 2011, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Busan District Court, and on January 28, 201, the Defendant was issued a summary order of 4.5 million won for the same crime at the same court.

On May 5, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle at around 22:20 on May 5, 2016, driven a Clearning motor vehicle at a section of about 200 meters from the front of the Sinju apartment located in the city of Busan-gu to the front of the restaurant located in the same Dong, from the Sinju apartment located in the city of Busan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiry about criminal history, application of a copy of each summary order, and applicable statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Not only has the record of two times of criminal punishment due to the driving of a normal drinking disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, but also the fact that the crime of this case was committed without the driver's license in the state of the last three months and that the driving distance is very favorable to the fact that the driving distance is shorter than the fine, and there is no record of criminal punishment exceeding the fine. In addition, the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc. shall be comprehensively considered and determined as the sentence as ordered.