A defendant shall be punished by imprisonment for not more than ten 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 August 5, 2020, at around 16:32, the Defendant driven an EDap Motor Vehicle without obtaining a driver's license from around 2 km section from the front of the Dong-gu Incheon Metropolitan City B shop to the front of the D Association located in Dong-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without a license;

1. The Defendant was punished by a fine of two-year suspension of the execution of eight-month imprisonment with prison labor due to the pertinent legal provisions on the crime, Articles 152 subparag. 1 and 43 of the Road Traffic Act, Article 62(1) of the Criminal Act, the suspension of the execution of the sentence of imprisonment with prison labor, and Article 62-2 of the Social Service Order Act for the reason of sentencing under Article 62-2 of the Criminal Act for the following: around 2003 and around 2011; two times of a fine by driving under the influence of alcohol; one time of a fine by driving under the influence of alcohol; one time of a fine by driving under the influence of alcohol; and two years of a fine by driving under the influence of alcohol and without obtaining a license for driving under the influence of alcohol for 2014;

Nevertheless, at the time when five months have not passed since the last punishment was imposed, the defendant again run without a license.

As such, although the defendant was punished for a traffic crime, he repeats the crime related to the operation of a motor vehicle without any awareness despite being punished, and the responsibility for such crime is heavy.

However, considering favorable circumstances, such as the fact that the defendant's mistake is recognized, there is no history of punishment exceeding the suspended sentence, and the occurrence of any additional accident during the unauthorized driving, etc., the punishment as ordered shall be determined by taking into account the defendant's age, character, conduct and environment, motive, means and consequence of the crime, circumstances after the crime, etc.