A defendant shall be punished by imprisonment for not less than eight 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 October 14, 2011, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Decision on September 18, 2015, and a fine of KRW 5 million for a violation of the Road Traffic Act at the branch of the Busan District Court's District Court's Decision on September 18, 2015, on at least two occasions, but there was a history of violating Article 44(1) of the Road Traffic Act at least two occasions. However, on December 17, 2015, the Defendant driven a string car at approximately 4km from the entrance of the luminous bathing beach located in the Busan District Court's Suwon-gu, Busan District Court's Decision on December 17, 2015 to the three-lane distance from the road located in the Busan Metropolitan City's Daegu west-dong, without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Taking into account the following circumstances with the reasons for sentencing under Article 62-2 of the Criminal Act, and other various sentencing conditions as stated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, background leading up to the Defendant to the instant crime, circumstances before and after the instant crime, etc., the execution of the sentence shall be suspended only once more than that of the Defendant’s imprisonment with prison labor for a long time, and community service and other circumstances for a certain period.