도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 24, 2017, the Defendant driven CK7 car from the front of the building zone in the Gwangjin-gu Seoul Special Metropolitan City, to the front road of the 17th field of the paddy field of the Seoul Special Metropolitan City, Nowon-gu Island, without a driver's license around 20:30 on August 24, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. On the ground that the driver’s license was reported, and the driver’s license ledger [the defendant’s defense counsel was driving by the defendant to move the money to the hospital rapidly at the time of the instant case, and thus the driving without the instant license constitutes an emergency escape. However, according to the records of the instant case, the defendant was aware that his driver’s license was revoked, and the defendant was able to gather the money to the hospital by means of requesting assistance from the 119 first-aid unit or driving the cab.
However, the defendant's defense counsel's assertion to the effect that the driver's license of this case constitutes an emergency evacuation is not accepted, since it is judged that the defendant was not in an imminent and imminent situation that the driver's license of this case should not be driven without permission.
Application of Statutes
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment shall be imposed in consideration of the fact that the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act has a record of being punished for criminal punishment due to unlicensed driving, the defendant committed the crime of this case without being aware of it even during the period of suspension of execution, the defendant reflects the mistake, and there is a family member to support the defendant.