A defendant shall be punished by imprisonment for not less than eight 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 April 20, 2018, at around 20:09, the Defendant, without a driver’s license, driven the B wing-in freight vehicle on the road of approximately 3 km in front of the 117 East Seo-gu, Seo-gu, Seo-gu, Seoul, with a state bond compensation from the street in front of the 117th century.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and an order to attend a lecture was that the Defendant had been subject to a fine of eight times due to an unlicensed driving in the past, but repeated the same crime.

It seems that the driver's license has been cancelled for a long time and without obtaining the driver's license again is continuing without obtaining the driver's license.

In light of these points, it is necessary to strictly punish the defendant.

However, the following facts are considered as favorable to the defendant: (a) the defendant recognized the facts of crime; (b) there is no other criminal punishment other than the previous penal records; and (c) the defendant appears to have been detained for about 50 days and had an opportunity to reflect while living in prison; and (d) other various sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, environment, family relationship, home environment, circumstances after the crime, and circumstances after the crime, shall be determined as ordered by taking into account the following factors.