도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
[criminal history] The Defendant was sentenced to a suspended sentence of two years on August 1, 2015 at the Jeju District Court on July 24, 2015 due to a violation of the Road Traffic Act (unlicensed Driving), and is still under the suspended sentence, which became final and conclusive on August 1, 2015.
[2] On October 27, 2016, around 17:55, the Defendant driven a motor vehicle of Category B and 3 without obtaining a motor vehicle driver's license in the section of approximately 1.8 km from the front of the North Korean Choyang apartment located in the Do of Jeju-ro 1-gil 25, Jeju-ro, Jeju-do, to the 1-ro 11-ro, Jeju-do, and then drive a motor vehicle of Category B and 3 without obtaining a motor vehicle driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the driving license ledger (A);
1. Relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding criminal facts and the selective punishment, sentence of imprisonment (or, even after 200, the defendant was punished for traffic-related crimes, such as a violation of the Road Traffic Act, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Road Traffic Act, and a violation of the Road Traffic Act on several occasions;
In particular, on September 26, 2016, during the period of the suspension of the execution of the criminal history of the Defendant’s judgment, the Defendant once drive without a license (the same court issued a summary order of KRW 2 million on December 8, 2016) and again committed the instant crime on October 27, 2016.
As such, since the defendant continues to commit the same kind of crime, he/she shall select imprisonment for the defendant.
The sentence shall be determined as per the order, taking into account all the circumstances surrounding the reasons for the sentencing, the circumstances leading up to the detection of the instant crime (the vehicle owned by another person, which was parked on the street while driving, is facing the vehicle owned by another person, while driving it, and the defendant is identified as a driver by the black image, etc.), and all other circumstances constituting the conditions for the sentencing, such as the defendant's age, sex, and circumstances after the crime, etc.