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

In 2007, the Defendant got cerebral surgery due to cerebral dystropha due to cerebral dystropha, and during that process, the brain cells of both sides were damaged.

In a state of weak ability to discern things or make decisions due to mental illness caused by brain cell damage, the Defendant driven a Drocketing car without obtaining a driver's license on March 25, 2017 from the Do in front of the Gangwon-gun, Seocheon-gun, Gangwon-do, through the roads on the 14:30 on March 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes on photograph description;

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 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the following conditions of sentencing for the reason of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, and other conditions of sentencing as shown in the records, such as Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered

The fact that there is a history of punishment four times due to the violation of the Road Traffic Act (unlicensed driving), the fact that the defendant committed the crime in a state of mental and physical weakness due to mental illness, and the fact that there are circumstances to be considered in the course of regulating (the defendant is under the control of the defendant's without a license's report about the safety of the defendant).