도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for four months.
Punishment of the crime
On May 29, 2018, the Defendant was sentenced to a suspended sentence of two years in October due to a violation of the Road Traffic Act (unlicensed Driving) at the Suwon Friwon on May 29, 2018, and the probation period becomes final and conclusive on June 6, 2018.
On August 25, 2018, the Defendant driven a Category D car without obtaining a driver's license from around 300 meters from the front road of Dongdaemun-gu Seoul to the front road of the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment of the text of the judgment, etc.), and statutes (35 through 39 pages of evidence records);
1. On October 11, 2015, the Defendant was sentenced to a suspended sentence of ten months for a year due to drinking on June 20, 2016, a fine of eight million won due to a non-licensed driving on May 13, 2017, a fine of two million won due to a non-licensed driving on May 13, 2017, a fine of two million won due to a non-licensed driving on March 6, 2018, and a non-licensed driving on March 6, 2018.
Nevertheless, the driver had been driving without the license of this case without the license of this case for not less than 6 months.
Imprisonment with prison labor is inevitable to prevent the defendant from driving without the permission of the defendant.
When the defendant has no criminal sentence, and is sentenced to imprisonment with prison labor, which is sentenced in this case, the suspended sentence of the previous judgment shall be invalidated, and the imprisonment with prison labor for ten months shall be sentenced to more severe punishment.
The defendant has a family member who is to support and is late against his act.
In addition, in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, etc. of the defendant, the punishment shall be determined as ordered.