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

On September 20, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of road traffic laws (unlicensed driving) at the Seoul Central District Court on September 20, 201 and two years of probation and two hundred hours of community service order.

9.28. The above judgment became final and conclusive.

On September 21, 2017, around 21:50, the Defendant driven a motor vehicle of lurbbed, which is owned by the Defendant without obtaining a driver’s license from around 3 km section of Jongno-gu Seoul Metropolitan Government from the roads near the rooftop water tunnel to the end of 173 km-ro, Jongno-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of a reply to inquiries, such as criminal history, and text of judgment (Evidence No. 53 of Evidence Records);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation are several times the criminal records that the Defendant was punished due to non-license or drinking driving, and that the Defendant re-driving the instant non-licensed driving even though he was under control on June 30, 2017, it is not deemed that he had a non-licensed driving.

However, it is necessary to consider equality in the case where the defendant has been tried simultaneously with the crime of previous conviction in which the defendant reflects the crime, and all the criminal facts in which the judgment has become final and conclusive, and to consider all the conditions of sentencing including the defendant's age, sex, environment, circumstances after the crime and circumstances after the crime.