A defendant shall be punished by imprisonment with prison labor for up to six 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

around 21:02 on August 23, 2017, the Defendant driven a car with Cone Star Co., Ltd. without obtaining a driver’s license from around 4 kilometers from the front of the Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-gu Station to around 339-7.

around 20:15 on November 10, 2017, the Defendant driven a motor vehicle of Yeongdeungpo-gu Co., Ltd. without obtaining a driver's license in approximately 4km section from the front of the Sinsan-dong located in Yeongdeungpo-gu Seoul Metropolitan Government to the front of the Sinsan-dong.

Summary of Evidence

[2017 Highest 4355]

1. Statement by the defendant in court;

1. The ledger of driver's licenses and the report on internal investigation (if any), of a motor vehicle;

1. Statement by the defendant in court;

1. Voluntary accompanying reports and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and community service order under Article 62-2 of the Criminal Act, which has been sentenced to a fine twice due to the driving without a license for the reason of sentencing, recidivism on November 10, 2017, which was under trial due to the driving without a license, and the fact that there was no criminal record exceeding the fine, and other factors such as the defendant’s age, environment, circumstances of driving, process of detection, motive for crime, etc.