도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 27, 2020, the Defendant, without a driver’s license on October 16:05, 202, driven a F Kaman car from approximately 300 meters to E in the same city, from the front of the Maart located in C, E in the same city.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's legal statement without permission, on-site photographs, the ledger of driver's license, investigation report (including a copy of the judgment attached to the accused's previous record of drinking alcohol);
1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant was punished for driving under drinking alcohol on several occasions, and committed the instant crime after the driver's license was revoked due to driving under drinking on April 2020 (the defendant was sentenced to a fine (10 million won) at the Incheon District Court on June 3, 2020, and committed the instant crime for a violation of the Road Traffic Act (the Defendant committed the instant crime for a period of less than four months).
However, the fact that the defendant recognized the crime of this case and reflected, that the distance of the defendant's driving at the time of the crime does not change, that the defendant clearly expresses his intention not to repeat the crime while disposing of the vehicle, and that the defendant has no record of punishment exceeding the fine, etc., shall be considered as favorable circumstances.
In addition, the defendant's age, occupation, sex and environment, means and result of the crime, motive of the crime, circumstances after the crime, etc. and various conditions of sentencing as shown in the pleading shall be comprehensively considered, and the punishment shall be determined as ordered.