도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 30, 2016, at around 15:55, the Defendant, without obtaining a driver’s license for a motor vehicle on June 30, 2016, driven a vehicle within approximately 13 kilometers from the front of the office of the Defendant, on the road in the south-west Navy C, which is located in D Dong unit, to the front road of the Chang Line 3017.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a driver's license;
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. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the Defendant committed the instant crime even though he had been discovered five times since 2009 due to non-licensed driving, and the Defendant appears to have continuously possessed the cargo vehicle since the detection in 2009 and had repeated drive without a license. In light of the above, the Defendant’s liability is not weak.
However, the fact that the defendant reflects his/her criminal act, and that there is no criminal history other than the fine, etc., other than the punishment of the defendant, are considered as favorable to the defendant, and that the defendant is not in a good health condition, such as being under an operation for the mitigation due to cancer on November 2015, etc., the various sentencing conditions specified in the records and the theory of changes in the case shall be considered and the punishment shall be determined as ordered.