도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment with prison labor for four months.
Punishment of the crime
[Criminal Power] On April 22, 2016, the Defendant was sentenced to a suspended sentence of two years on October 10, 201 to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court on April 2, 201, and the judgment became final and conclusive on April 30, 2016
【Criminal Facts】
1. The Defendant violated the Road Traffic Act (unlicensed driving) on April 28, 2016, without obtaining a driver’s license on April 18, 2016, the Defendant driven Done Star Co., Ltd in a section of approximately 300 meters from the front side of Pyeongtaek-si Skib Industrial Complex to the front side of the same Sigromo-Eup.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of Done Star Co., Ltd.
No motor vehicle which is not covered by mandatory insurance shall be operated on a road.
Nevertheless, on April 28, 2016, the Defendant operated the said van without mandatory insurance at approximately 300 meters section from the front day of the sloping Industrial Complex of Pyeongtaek-si to the front day of the same Signae Eup.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of vehicle operation;
1. Registers of mandatory insurance, and driver's licenses;
1. Application of statutes, such as judgment;
1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment with labor;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes was proved to have been 6 times as a drunk driver and 4 times as a non-licensed driver prior to the instant crime, and the detention was made due to drinking and non-licensed driving, and the instant crime was committed immediately after the appellate court sentenced to a suspended sentence in the appellate trial.
Therefore, the defendant's sentence is inevitable, and the fact that it seems that there is no record of punishment only for driving without a license, and that there is no strong perception of illegality, and that he disposes of the vehicle and obtains a license again.