A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around August 11, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the DMINI Cooper’s car at a section of about 1 km without obtaining a driving license from the parking lot in Seocho-gu Seoul, Seoul to the same Gu C, around August 5, 2020.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a D MINI Cooper’s car as set forth in paragraph (1) above.

No motor vehicle owner shall operate a motor vehicle that has not been covered by mandatory insurance.

Nevertheless, the Defendant operated the said vehicle that was not covered by mandatory insurance at the time and place specified in the foregoing Paragraph (1).

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, driver's license register, mandatory insurance inquiry, vehicle photographic paper, and detection report;

1. Relevant legal provisions concerning facts constituting an offense, Articles 152 and 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant, while his license was revoked due to drinking driving, was re-driving without a license, and the Defendant committed the instant crime without a license even if he was punished due to a mandatory insurance even before, considering the circumstances unfavorable to the Defendant, such as the fact that the pertinent unlicensed driving did not lead to an accident, that the Defendant has yet to be young and has no record of being sentenced to a heavier penalty than the previous fine, etc., the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime are considered as favorable to the Defendant. In addition, the sentence is determined as ordered in consideration of the various sentencing conditions indicated in the instant