도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for not less than eight 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
around 20:20 on December 11, 2016, the Defendant driven Cone Star Co., Ltd. without obtaining a driver’s license from around 338-1, Mapo-gu, Seoul Mapo-gu to around 338-12, Mapo-gu, Seoul, to around 15 meters prior to the road.
around 08:35 on February 10, 2017, the Defendant driven Done Star Co., Ltd without obtaining a driver's license from the new 360-1-ro, Seoul Special Metropolitan City, to the 70-gil 27-ro, Seoul Special Metropolitan City, to the new 360-1-ro, Seoul Special Metropolitan City, to the 70-gil 27-ro, 100 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act on June 9, 2003, the Defendant was punished four times on or after the driver’s license of a motor vehicle was revoked, and it is not good to commit such crime by driving without a license again without any doubt.
However, the execution of imprisonment is suspended considering the sentencing conditions stipulated under Article 51 of the Criminal Act, such as the defendant's recognition of the crime of this case and reflects the mistake, the defendant has a disability of Grade II in the mental retardation, the defendant does not have any punishment heavier than the fine due to driving without a license, and the defendant's age, sexual conduct, environment, motive for the crime, circumstances after the crime, etc., but is subject to protection and observation for the prevention of recidivism and order to take lectures in compliance driving lectures.