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 becomes final and conclusive.

Punishment of the crime

On November 2, 2015, around 16:20, the Defendant driven a vehicle of KRW 3, 400 meters, without obtaining a driver’s license, from around 16:20 to around 3, 200 meters in front of the same city, via a road in front of the Agricultural Machinery Repair Center located in the same city-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, was already punished five times by the Defendant’s unauthorized driving prior to the instant crime, and in particular, the instant crime was committed immediately after the completion of the suspended execution period due to driving without a license. As such, the Defendant repeated the unauthorized driving.

It seems necessary to strictly punish the defendant.

However, given that there are favorable circumstances such as the fact that the defendant did not have any traffic accident due to driving without the license of this case, and that the defendant would not repeat again against his own crime, the decision to choose imprisonment by taking this into account and suspend the execution of the sentence only once. In addition, all of the sentencing conditions specified in the arguments of this case, including the defendant's age, sex, environment, health conditions, circumstances after the crime, etc., shall be comprehensively taken into account, and the sentence shall be determined as per the order.