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

[Criminal Power] On April 9, 2014, the Defendant was sentenced to a suspended sentence of one year for six months, which was sentenced to a suspended sentence of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in a military capital support from the Jeonju District Court. The judgment became final and conclusive on April 17, 2014.

【Criminal Facts】

On March 22, 2015, at around 09:49, the Defendant, without obtaining a driver’s license, driven a Cunstun car at approximately 500 meters away from the front of the Saun Apartment apartment located in the Saun-ri Eup in the Saun-ri Eup to the shooting distance at the entrance of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the situation of operation without a license;

1. The application of Acts and subordinate statutes to the statement of driver's license inquiry;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the accused has been punished four times (one time of suspended sentence of imprisonment and three times of fine) due to unlicensed driving; (b) the accused committed a crime during the suspended period; (c) the Defendant has sold the main vehicle under his/her spouse’s name with his/her intention not to drive again; (d) the Defendant bears the obligation of loans worth 590 million won after the failure of his/her business; and (c) the Defendant supports his/her wife and three children as a restaurant employee; and (d) if the accused is detained, it is anticipated that his/her family’s livelihood might be accompanied by excessive difficulty in his/her family’s livelihood; and (e) the execution of imprisonment shall be suspended for a limited period of time by taking into account various sentencing conditions as shown in the argument of this case, such as the Defendant’s age, character and conduct, and environment.