도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for four months.
Punishment of the crime
On November 7, 2006, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Eastern District Court on August 7, 2006, and was sentenced to a suspended sentence of 4 months by imprisonment with prison labor for a violation of the Road Traffic Act from the Suwon District Court on February 5, 2009.
4. 10. A person paroled on November 30, 2009 and for whom the remaining term of imprisonment has elapsed on December 21 of the same year while the sentence of the said suspended sentence was invalidated upon the final judgment became final and conclusive;
At around 15:30 on May 26, 2012, the Defendant driven a C-van without a driver’s license at a section of about 12 km from the point where 298km along the Gyeong Highway located in the Chungcheongbuk-gun to the point where 286km along the Gyeong Highway located in the same military drawing around that time.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Control note;
1. Investigation report (report on the situation of driving without a license);
1. Registers of driver's licenses;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and defendant's statutory statement;
1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;
1. Article 35 of the Criminal Act provides that repeated crimes with the same type of repeated crimes for the reason of sentencing, driving the same vehicle as that of the previous vehicle used for the previous crime to repeat the crime, and taking into account the age, character, conduct and environment of the defendant and other conditions of sentencing specified in the arguments.