Defendant shall be punished by four 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 November 27, 2015, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the violation of the Road Traffic Act (non-licensed driving) at the District Court of the Republic of Korea on November 27, 2015, and the said judgment was finalized on May 28, 2016.

On April 8, 2016, at around 16:35, the Defendant driven a B-hand car without obtaining a driver’s license from around 2 km section from the locked-dong, Songpa-gu, Seoul to the 79-lane-dong, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the inspection of occurrence of the case and a written statement of control;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (in cases of the same kind of case and attachment report of the summary order, and confirmation of the fixed date);

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. A person who operates a motor vehicle with the reason of sentencing under Article 62-2 of the Criminal Act, such as probation, community service order or order to attend a lecture, has a duty to obtain a driver's license issued to a person with the ability to drive and drive the motor vehicle with due care.

Nevertheless, the defendant's revocation of license due to drinking driving is repeated in the state of revocation of license and driving without a license, and there is a need for strict punishment.

Furthermore, the crime is not good because the defendant was under trial of the appellate court due to drinking and unlicensed driving.

However, the sentencing conditions shown in the pleadings, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the situation after the crime, etc., shall be equally considered and determined as the order.