도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 2,00,000 won.
50,000 won when a fine is not paid.
Punishment of the crime
The defendant of criminal records was sentenced to imprisonment with prison labor for the violation of the Road Traffic Act (unlicensed Driving) in the Sungnam branch of the Suwon District Court on November 28, 2012, and one year of suspended execution was sentenced to one year of suspended execution on December 6 of the same year, which became final and conclusive on December 6 of the same year.
[2013 Highest 176] On December 6, 2012, the Defendant driven a motor vehicle of approximately 27 km from the front side of the Dong-dong Station located in Taecheon-si to the front side of the Dong-dong Station located in Taecheon-si, Seocheon-do, Jincheon-si, Gyeongcheon-do.
[2013No. 223] On November 25, 2012, the Defendant driven a Category C car without a car driver’s license from the frontway in the area near the market in the area of the Pungdong-dong, Seongbuk-gu, Seongbuk-gu, Sungnam-si to the private distance of the same Gu from around 2 km to the private distance of the same Gu.
Summary of Evidence
[2013 Height176]
1. Defendant's legal statement;
1. Registers of driver's licenses and investigation reports (report on the calculation of driving distance);
1. Previous convictions in judgment: Criminal records and written judgments (2013 highest 223);
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the circumstantial report on driving without a license and details of disposition on revocation of license;
1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (the punishment of imprisonment with prison labor for driving without a license on December 6, 2012, and the selection of fines for driving without a license on November 25, 2012) concerning the relevant criminal facts and the selection of punishment for driving without a license;
1. Crimes under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act [it shall be between the crimes of violation of the Road Traffic Act, for which the driving without a license and judgment becomes final and conclusive on November 25, 2012];
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the instant crime, the Defendant committed the instant crime on November 25, 2012 while driving without obtaining a license was under trial for driving without obtaining a license. On December 6, 2012, a licenseless driving without obtaining a license on December 6, 2012 requires strict punishment to be committed during that period despite being placed before the suspension of execution, three times for driving without a license, three times for driving without a license, and other penalties, such as the Defendant’s character and behavior, attitude after committing the crime, compliance consciousness, etc.