도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 25, 2019, at around 22:10, the Defendant driven the Ek7 car without obtaining a driving license from the front of the “C” hospital located in Gangnam-gu Seoul Metropolitan Government B to the front of the “Dbuilding in Gangnam-gu Seoul” road.
Summary of Evidence
1. Defendant's legal statement;
1. Field control photographs;
1. Application of Acts and subordinate statutes to the driving license ledger (A);
1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;
1. Scope of punishment by law: One month to one year;
2. Setting the sentencing criteria not;
3. On February 2019, the Defendant was sentenced to a fine due to a violation of the Road Traffic Act (unlicensed Driving) and a fine due to a violation of the Road Traffic Act (Unlicensed Driving) and a violation of the Road Traffic Act (Drivinging) around August 2019, but again committed the instant unlicensed Driving on December 25, 2019.
In light of the fact that the distance between the previous punishment power and the instant case is short, there is a high possibility of criticism against the accused.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.