도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for not less than eight 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 March 11, 2020, the defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act (unlicensed Driving) and the violation of the Guarantee of Automobile Accident Compensation Act at the Changwon District Court on March 11, 2020, and the judgment became final and conclusive on the 19th day of the same month.
【Criminal Facts】
The Defendant is a holder of the ecuas car B.
At around 15:20 on January 25, 2020, the Defendant driven the said Ecub-house car from the D Stop parking lot located in Seoyangyang-gun C to around 20 km from the D Stop parking lot located in Seoyang-gun C to the roads in front of the same ESM.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses and mandatory insurance;
1. Previous records of judgment: Criminal records, references to criminal records, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment of cases of the same kind of suspect);
1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of punishment, and Article 46 (2) 2 and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 17236, Apr. 7, 2020);
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The records of sentencing under Article 62-2 of the Probation Criminal Act, including the fact that the driver’s license was revoked in the year 2005 and was punished three times for driving without license, the circumstances leading to the instant crime, and the fact that the vehicle was sold at the same time as the crime recorded in the criminal records in the judgment that became final and conclusive, and the principle of equity in the case where the driver’s license was revoked, and the conditions of various sentencing as