A defendant shall be punished by imprisonment for not more than ten 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

1. Around 09:20 on January 14, 2019, the Defendant driven a DNA car without obtaining a driver’s license, at a section of approximately 1.6 km from the neighboring street in Suwon-gu, Suwon-si to the neighboring street in the same Gu, and without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said car as a holder of the DNAS car; and (b) operated the said car without mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the mandatory insurance policy and the ledger of driver's license;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and the choice of imprisonment with prison labor;

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

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

1. In light of the fact that a defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as probation order, order to attend a lecture, or order to attend a lecture, has been punished once the same crime, and re-offending during the period of probation, etc., the defendant should be punished strictly. On the other hand, the fact that the defendant is recognized to commit the crime, that the defendant seems to be seriously against the truth, that there was no traffic accident due to a simple driving without a license, and that the defendant's family relationship, etc., the sentence of sentence against the defendant is somewhat harsh.

In full view of all the sentencing circumstances shown in the records of the instant case, including the above circumstances, the execution of imprisonment for the Defendant is suspended. However, in light of the Defendant’s criminal records, the risk of recidivism seems to be considerably high, probation is given to prevent the recidivism and to give an opportunity to reflect the recidivism.