도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 8, 2015, at around 09:45, the Defendant driven a wing vehicle B without obtaining a driver's license from approximately 50 meters section from the front of the construction site to the front road of the intersection located in the same Eup/Myeon from the front of the construction site to the intersection in the same Eup/Myeon.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of unregistered driving and application of the laws and subordinate statutes to the ledger of driver's licenses;
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 (The following extenuating circumstances among the reasons for sentencing);
1. Taking into account the following circumstances with the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, and other various sentencing conditions as indicated in the records of this case, such as the Defendant’s age, character and conduct, environment, background leading up to the Defendant to the instant crime, circumstances before and after the instant crime, etc., the execution of the sentence shall be suspended rather than isolation from society by sentencing the Defendant’s imprisonment with prison labor, but it is deemed reasonable to order a community service for a certain period of time. Thus, the sentence shall be determined as per Disposition.
Unfavorable circumstances: the defendant was subject to criminal punishment several times for the same crime, even though he/she was even sentenced to final judgment of the sentence, and the possibility of criticism is very high by putting the crime of this case back again without among those who were sentenced to criminal punishment.
The defendant recognized the crime of this case.
It is too short that the defendant drives without obtaining a driver's license.