도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
Punishment of the crime
[2019 Highest 589] On February 7, 2019, the Defendant driven a e-sports car without a car driver’s license from around 300 meters from the front day of the C-dong-dong-dong-dong-dong-dong-dong-dong-si B to the front day of the D underground-road-dong-dong-dong-dong-dong-dong-dong-dong-si.
[2019 Highest 972] On March 31, 2019, the Defendant driven a e-mail without a car driver’s license from the front day of the F commercial building in Yongsan-gu, Yongsan-gu, Yongsan-gu, Busan to the Taekdo-ro 864-1 at the same time-based distance from around 2 km to the Taekdo-ro 864-1.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the statutes on the register of driver's licenses;
1. Relevant Article of the Act on the Crime and the Selection of Punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the Selection of Imprisonment with prison labor;
1. Of concurrent offenders, the Defendant appears to have taken the attitude of reflecting the Defendant’s wrong recognition of the sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the occurrence of traffic accidents at the time of driving without the pertinent license did not occur.
However, the defendant has been punished three times due to driving without a license (two times of fine and one time of suspended sentence of imprisonment), and the defendant repeats driving without a license without any awareness of any specific crime, such as committing a crime under the judgment of 2019Kadan589 after he was prosecuted for a crime under the judgment of 2019Kadan589. Thus, it is deemed that the criminal defendant's awareness of compliance is weak, and that the suspension of the execution of imprisonment or imprisonment is not effective to prevent recidivism in the future.
The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive for committing the crime, and circumstances after committing the crime.