도로교통법위반(무면허운전)등
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 01:30 on March 22, 2014, the Defendant driving a C-wing truck at a section approximately 1.5 km to the lender located in the same Dong-dong located in Gwangju Seo-gu, Seo-gu, Gwangju Bank without obtaining a driver’s license.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;
Nevertheless, the Defendant operated the C wing truck with no mandatory insurance at the date, time, and place in Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. An initial action at the scene of a traffic accident, a report on a traffic accident, a actual investigation report, and a traffic accident situation report;
1. Registers of driver's licenses, chassiss, and mandatory insurance;
1. Application of Acts and subordinate statutes to traffic sites and photographs;
1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each type of crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the following special circumstances are considered: (a) positive factors that determine the sentence as ordered by taking account of the motive, background, means and methods of each of the instant crimes, the circumstances before and after the instant crimes, and the Defendant’s age, character and conduct, career, environment, etc. as shown in the pleadings of the instant case: (b) negative factors that are contrary to the order, and that there is no criminal record of probation or higher after 1980: (c) a person has been sentenced to five times of a fine of the same kind from 2004 to 20