A defendant shall be punished by imprisonment for four 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 October 31, 2018, at around 23:00, the Defendant driven a 3-wing height vehicle in the 9km section without obtaining a driver’s license from around 9 km to the “D” located in C, from its home to the said home.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. Application of each traffic accident report, on-site photographs, and laws and subordinate statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. lies in a criminal record of having been punished three times or by a fine due to an unlicensed driving, and in particular, even though the criminal record was punished as a fine of KRW 2.5 million due to an unlicensed driving in 2016, the fact that a driver without a license was engaged in a driving without a license and the occurrence of a heavy traffic accident is disadvantageous to the defendant.

However, the fact that the defendant seems to have a reflective attitude by recognizing his own crime, and that there is no criminal history punished by imprisonment or more than imprisonment, etc. are favorable to the defendant.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as