도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for 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
[criminal power] On September 25, 2009, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act (unlicensed Driving) at the Cheongju District Court on December 7, 2009, and received a summary order of one million won or more as a fine for a violation of the Road Traffic Act (unlicensed Driving) at the Cheongju District Court on October 15, 2010, and received a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act (Unlicensed Driving) from the Pyeongtaek District Court on the site of Suwon District Court on October 15, 201, from the Incheon District Court on June 29, 201, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act (Unlicensed Driving) at the Incheon District Court on September 4, 2012.
【Criminal Facts】
On June 15, 2013, at around 09:00, the Defendant driven a D press-based truck without obtaining a driver’s license at approximately 30 km section from the upper corner to the Daejeon 75 km in the direction of Daejeon Highway.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes in Part V of summary order;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant had been punished five times or more as a fine due to an unlicensed driving, and it is inevitable to choose a sentence of imprisonment.
However, in consideration of the sentencing factors, such as the fact that the defendant is recognized as committing the crime, the fact that there is no record of crime exceeding the fine, the fact that there is no record of crime, and the fact that four family members are dead and supported by the wife and the family members, the probation shall be mitigated and the probation shall be sentenced on condition that probation and community service order