A defendant shall be punished by imprisonment with prison labor 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 April 14, 2018, around 09:00, the Defendant driven a vehicle of 3 km which is jointly owned by the Defendant and B, without the driver’s license, from the road near the North Korean mountain basin in the 4769, Sungnam-gu, Sungnam-dong, Sungnam-dong, to the mine name of the same city, Jungwon-gu, Jungwon-gu, 89 to the road before 89.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without 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 suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - Six months of imprisonment;

2. Determination - Four months of imprisonment, and one year of suspended execution, the Defendant was found to have been aware of without a license even two weeks prior to the arrival of this case, and was under trial due to the previous drinking driving, but was still under trial, the Defendant is selected to be sentenced to imprisonment with prison labor, taking into account the fact that the Defendant was under trial due to the instant unlicensed driving.

However, considering the favorable circumstances, such as the Defendant’s confession, and the fact that there is no record of the offense exceeding the fine, etc., the punishment is determined by comprehensively taking account of the following factors: the Defendant’s age, sex, environment, motive, means and consequence of the offense; and the circumstances after the offense, etc., and the various sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments, and the execution of the punishment is