도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On June 25, 2010, the Defendant issued a summary order of KRW 2.5 million to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch, on March 29, 2012, a summary order of KRW 5 million for a crime of violating the Road Traffic Act (divated Driving) even in the same court on March 29, 2012, and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (divated Driving) in the same court on June 29, 2016, respectively. On October 27, 2016, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act (div) in the same court on October 27, 2016, and the said judgment became final and conclusive on November 4, 2016.
[Criminal facts] On September 3, 2016, the Defendant driven a vehicle with C low-speed without obtaining a driver’s license in approximately 200 meters section from the front day of Busan City, Seocheon-ro, B to the front day of Seocheon-ro 28, Seocheon-ro in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the circumstances of driving without a license, driving license ledger, and making an inquiry into the tea ledger;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting of a previous conviction before and after the disposition, and applying a copy of the judgment;
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The following circumstances are considered: (a) there is a risk of re-offending by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act, on the other hand, inasmuch as the Defendant’s non-license or drinking record was fined three times; (b) there was a violation of his/her mistake; (c) there was a final judgment; (d) there was a possibility of being punished simultaneously with a suspended sentence and an order to attend a lecture; and (e)