도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for six months.
Criminal facts
1. On April 14, 2018, at around 19:55 on the same day from the house of the defendant located in the Heungdong-gu Seoul Special Metropolitan City, Young-gu B apartment on April 14, 2018, the defendant driven an Ebenz C220 car without obtaining a driver's license at approximately 77 km from the 77km section to the front of the bus stops located in the Young-gu, Suwon-gu, Seoul Special Metropolitan City National Assembly Complex at around 144, the same day.
2. On April 14, 2018, at around 23:47, the Defendant driven the instant benz car without obtaining a driver’s license in the 7km section from the front of the foregoing D to the office of the above Defendant at around 00:00 on the following day.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Report of investigation (investigation into CCTVs in apartment buildings of a suspect's residence) and application of Acts and subordinate statutes to report an investigation (investigation into black stuffs in a vehicle operated by a suspect);
1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the circumstances favorable to the defendant for the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act shall be as follows:
The defendant is divided into and reflected in the crime of this case.
The instant crime did not cause any personal and material damage.
The defendant has no previous convictions of imprisonment.
There is the wife in which the defendant should support the mother's father.
Circumstances unfavorable to the defendant are as follows:
The Defendant was sentenced to imprisonment two times from around 2013 to 2017 with prison labor, who was sentenced to two times a suspended sentence of imprisonment with prison labor, and three times a fine, and in particular, the Defendant committed the instant crime during the suspended sentence of imprisonment with prison labor for six months on the ground that he was under control while driving without obtaining a license in around 2017, and was sentenced to two years a suspended sentence of imprisonment with prison labor and used unlawfully another person’s resident registration number.
In addition to the above circumstances, the Defendant’s age, character, conduct, career, environment, circumstances and results of the crime, and the circumstances after the crime.