A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On April 4, 2012, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating road traffic laws at the Seoul Northern District Court on April 4, 2012, and was sentenced to a fine of KRW 8 million for a crime of violating road traffic laws at the Jung-gu District Court on September 23, 2013. On October 26, 2015, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic laws (driving without a license) at the same court.

[Criminal facts] On December 27, 2016, the Defendant driven a B earth car without a driver’s license in the Gu Ri market located in the Dong-si Si, Gyeonggi-do, Gyeonggi-do, from approximately 3km section from around 16:20 to the front roads of the 485 East-gu, Dong-ro, Dong-ro, 485.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

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

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The driving of alcohol and two times (one time among them is the previous years that have been punished for concurrent crimes with the crime of violating the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes by causing a traffic accident by driving under drinking, not driving under simple drinking), the previous driving without a license and one time before a non-license, the circumstances leading up to the detection of the instant case (as disclosed in the course of regulating the violation of other traffic laws and regulations by the accused), and the decision of a sentence that has no criminal record exceeding a fine, and the decision of a sentence that has been made: The defendant's age, sex, environment, motive for the crime