A defendant shall be punished by imprisonment for four months.

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 June 1, 2017, around 05:40, the Defendant driven a motor vehicle of Category B, without obtaining a driver’s license, at a section of about 400 meters from the road near the “Damyeong” located at the bottom of the Busan YY, to the studio in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was two times a licenseless driving, and even if the Defendant was punished once a fine due to drinking driving, the Defendant again went to commit the instant crime. As such, the Defendant was sentenced to a fine, the Defendant’s choice of imprisonment is difficult to achieve the purpose of punishment, and the Defendant appears to reflect the Defendant’s attitude. In addition, considering the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, the execution of the sentence shall be suspended only once, taking into account various sentencing conditions indicated in the instant pleadings