A defendant shall be punished by imprisonment for four 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 January 4, 2017, the Defendant, without obtaining a driver’s license, driven a car at approximately 6 km from the front of the actual cost to the front of the laundry road located in the Masan-gu Masan-si, Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of enforcement officers prepared by C;

1. Report on the circumstances of driving without a license;

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 for the observation of protection and observation lies in the history of having been punished several times as a crime of violating the Road Traffic Act (unlicensed Driving). Among them, if the defendant had been sentenced to a suspended sentence of two years on June 17, 2014 due to a crime of violating the Road Traffic Act (unlicensed Driving) in the Changwon District Court's Msan Branch, which was sentenced to a suspended sentence of eight months, and considering the recidivism of the crime of this case, the nature of the crime is very difficult.

However, the fact that the defendant recognized his mistake and reflects, does not constitute grounds for disqualification from suspension of execution, the crime of this case is a simple unauthorized driver, and he does not again drive a unauthorized driver.

Considering the fact that it is different, it is reasonable to give the defendant an opportunity to observe the protection once again, so the suspension of execution ordering the observation of the protection as shown in the disposition shall be sentenced.