도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 23, 2016, the Defendant driven a B 3 freight truck without obtaining a driver's license of a motor vehicle on November 15:25, 2016, and proceeded with approximately KRW 5 km distance from the front of the original mountain tunnel, which is located in the 47-gil of Incheon Bupyeong-gu, Incheon, to the front of the Sejong Hospital, located in the 173-lane, as in the end of the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attending, even though there are a large number of criminal records of violating the Road Traffic Act, including six times of criminal records, the defendant is not less than the nature of the crime in the instant case where he drives a motor vehicle without a driver's license. However, the defendant was an urgent vehicle on the way that he returns from volunteer activities and operated a motor vehicle on the way that he gets back to volunteer activities at the request of a person who requests driving instead; the defendant did not proceed to violate other traffic-related Acts and subordinate statutes; the defendant did not go back to violate other traffic-related Acts and subordinate statutes; the defendant's age, sexual behavior, environment, family relationship, etc.; and the defendant's punishment should be imposed as above, considering all the above circumstances, such as the defendant's age