도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for four months.
Punishment of the crime
On July 20, 2016, at around 10:50, the Defendant driven a DNA cargo vehicle without obtaining a driver’s license at a section of about 1 km from the front of the public health clinic of the Silung-gun, the Seoul Special Metropolitan City, the Seoul Special Metropolitan City, to the front of the Silung-gun, the public health clinic of the Silung-gun located in the same Eup/Myeon.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the ledger of driver's licenses and the statutes concerning disqualified meetings of the main office;
1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, and Article 152 Subparag. 1 and Article 153 of the Road Traffic Act regarding the selection of a sentence, the Defendant had been punished for the same kind of crime several times, including the Defendant who was sentenced to a suspended sentence of imprisonment on two occasions. In particular, on March 3, 2016, in the Gwangju District Court's support for the promotion of the head of Gwangju District Court, the Defendant committed the instant crime even though he was under the suspended sentence for six months and was under the suspended sentence.
In addition, the defendant was disposed of while he did not drive again at the time the above suspended sentence was sentenced.
On the other hand, the previous vehicle was driven.
Although a short-term sentence is desirable to refrain as much as possible from sentencing.
Even though it is considered that the sentence of sentence is inevitable for the defendant who seems to be significantly lacking the awareness and awareness of the crime for driving without a license.
However, in full view of the fact that the Defendant is led to the instant crime, the Defendant’s health condition, the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the instant crime, and the circumstances constituting the sentencing conditions indicated in the instant records, such as the circumstances after the commission of the crime, the sentence like the order shall be imposed.