도로교통법위반(무면허운전)
The defendant shall be punished by a fine of 3,00,000 won for the crime No. 2 of the judgment of the court with respect to the crime No. 1 of the judgment of the court.
Punishment of the crime
1. On December 16, 2015, the Defendant was sentenced to two years of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court on December 23, 2015, and the judgment became final and conclusive on the 31st of the same month.
On December 16, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle around 16:35, driven a C Poter, which was owned by the Defendant from the nearest road of the Defendant’s residence in Gyeong-dong, Hayang-do to the 30.6km away from the 10km section of the expressway, to the 30.6km off the expressway.
2. On February 22, 2016, the Defendant driven a D1 ton cargo vehicle without obtaining a driver’s license on February 22, 2016, from the road near the Busan National University located in the Geum-gu, Busan National University to the point of 135 km in the Southern-si, Jin-si, Kimhae-si, on February 22, 2016. < Amended by Act No. 13574, Feb. 22, 2016>
Summary of Evidence
[2016 Highest 104]
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;
1. Previous convictions: A written reply to inquiries, such as criminal history, and a report of investigation (limited to concurrent crimes after Article 37 of the Criminal Act and judgment) (limited to 2016 order 348);
1. Statement by the defendant in court;
1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 152 Subparag. 1 of the relevant Act and Articles 152 and 43 of the Road Traffic Act (the punishment for the crime of driving without a license on December 16, 2015) concerning criminal facts; and the punishment for the crime of driving without a license on February 22, 2016 shall be imposed, respectively;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows: (a) the Defendant, from October 201 to April 4, 201, was found to have been found to have committed each of the instant crimes.