A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 7, 2018, the Defendant, without obtaining a driver’s license, driven a B-II vehicle from around 10km to the front road of the Central Building located in 223 Dop 36, Sinyang-si, Seoul, on May 7, 2018, at approximately 10km from the front road in the direction of the west-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the register of tea and driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including that the Defendant was already punished on two occasions by a licenseless driving in June and August 2016, and that there were a large number of unlicensed driving and a previous conviction for drinking (three times a fine for drinking driving and two times a fine for non-licensed driving). Nevertheless, the Defendant committed the instant crime at once, taking into account the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and other factors of sentencing as shown in the instant argument, such as the circumstances after the commission of the crime, etc., and determine the sentence as ordered.