A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On April 1, 2019, the Defendant, without obtaining a driver's license on April 1, 2019, driven a 1138-ro 1138 non-performing intersection from the Do in the same Eup/Myeon in order to the adjacent road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as probation order order, order to attend a lecture, and order to provide community service order, committed a second or several times of punishment due to the same crime, and re-offending, etc., the defendant should be punished strictly. However, considering the fact that the defendant's criminal act is recognized, the defendant's criminal act is considered to be the principal cause of habitual larceny committed along with a licenseless driving, and the case does not cause a traffic accident due to a simple driving without a license, the sentence of sentence against the defendant is somewhat harsh.

In full view of all the sentencing circumstances revealed in the records of this case including the above circumstances, the execution of imprisonment to the defendant shall be suspended. However, in light of the criminal records of the defendant, it seems that the risk of recidivism is high. Therefore, the probation, the order to attend a lecture, and the order to provide community service shall be added for the prevention of recidivism and to give an opportunity to reflect.