도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for four 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
On October 25, 2013, the Defendant, without obtaining a driver’s license at around 21:20 on October 25, 2013, driven approximately 30 meters a volume CEFst or other car at around 30 meters from the effic acid 7-1 EFst or other car in the same Dong from the effic-ro, North-gu, Gwangju, North Korea, to the efficio studio in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
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 and Article 59 of the Act on Probation, etc. lies in the fact that the defendant was under a high alcohol level of 0.185% in blood alcohol level, the defendant again committed the crime of this case even though he was punished by a fine due to the crime of drinking driving in the past, and the occurrence of a traffic accident leading to the opposite part of the defendant during driving, which led to the occurrence of a traffic accident leading to the opposite part of the defendant. However, it is deemed that a strict punishment is necessary for the defendant. However, the defendant is divided into and against his mistake, 15 times a fine, 15 times a suspended sentence, and 2 times a suspended sentence, but there was no history of punishment other than the above fine, and the motive, means and result of the crime of this case, the circumstances, age, character and home environment of the defendant after the crime, the execution of the sentence as stated in the order of this case shall be suspended within a certain period of time, but the compliance of the sentence shall be suspended.