A defendant shall be punished by imprisonment for six 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

[criminal history] On May 15, 2015, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1,500,000 for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on December 1, 2015, and a summary order of KRW 1,50,000 for a crime of violating the Road Traffic Act (unlicensed Driving) at the Seoul Southern District Court on December 1, 2015, respectively. On November 23, 2015 and February 11, 2016, the Defendant was charged with each summary order of KRW 1,50,000 for a violation of the Road Traffic Act (unlicensed Driving).

[Criminal facts] On February 20, 2016, around 20:35, the Defendant driven a 11st ton truck of D-wing and 31 ton truck from the front parking lot of 29 main apartment 1113, Guro-gu, Seoul, Guro-gu, to around 110, Guro-gu, Seoul, with no driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Control manual and the driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense.

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to one year; and

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, and participation in a compliance driving lecture for forty hours (for favorable circumstances) and in that end, there are no records of punishment for a suspension of execution or any heavier punishment (any unfavorable circumstances), such as assault, bodily injury, interference with business, etc., and there are records of having been punished for a fine of five million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and a violation of the Road Traffic Act (unauthorized Measures after Accidents) on October 2, 2013. In particular, the case for which a summary order of KRW 1.5 million was issued on December 1, 2015 includes a traffic accident while driving a motor vehicle without a license in addition to a violation of the Road Traffic Act (unlicensed Driving). Nevertheless, the same motor vehicle continues to be for living on the ground that it is a living purpose