A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Power] On November 14, 2019, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution at the Suwon District Court for the violation of the Road Traffic Act (unlicensed Driving) and became final and conclusive on June 10, 2020.

【Criminal Facts】

At around 10:30 on May 19, 2020, the Defendant driven a E-Poter Ⅱ truck without obtaining a driver’s license from approximately 1.4 km section from the front of Osan-si to the front road located in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. The register of driver's licenses for tea and cars;

1. On-site photographs;

1. Previous convictions: A criminal investigation report (in the case of a trial on the final appeal of the same kind of suspended sentence, pending trial in the court of final appeal), a copy of the search of consolidated cases, two copies of the judgment, and application of statutes

1. Relevant Article of the facts constituting a crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Procedure Act;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution has a record of criminal punishment for several times including the suspended sentence of imprisonment due to the same crime, and the fact that the defendant again committed the crime of this case without having been convicted of being tried due to the violation of the Road Traffic Act (unlicensed driving) as stated in the judgment is disadvantageous to the defendant

On the other hand, the fact that the defendant recognized the crime of this case, the defendant scrapped the vehicle used for the crime of this case, etc., and that the defendant is expected not to repeat the crime of this case, the defendant's health status is not good old, and the defendant should consider the balance with the case of the violation of the Road Traffic Act (unlicensed driving) as well as the case of judgment.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.