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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
around 15:00 on February 29, 2016, the Defendant, without a driver’s license of a motor vehicle, driven a clock DT with approximately KRW 200 meters from the front of the “Seopool Medical Center” parking road located in Seopo-si, Seopo-si, Seopo-si, 8665, Seopo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 152 of the Criminal Act applicable to the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Criminal Act selection of punishment, and selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act on September 27, 1990 when the defendant obtained a bicycle license for a motor device device on September 27, 1990, and on November 6, 1999, the above license was revoked, and was subject to criminal punishment on five occasions or without a license despite the absence of any other driver's license, and the defendant committed the instant crime by driving a motor vehicle with a driver's license on a multiple occasions or without a license on a multiple occasions, and the defendant committed the instant crime by driving a motor vehicle without a driver's license on a multiple occasions, including the instant case during the last two years, it is inevitable to sentence imprisonment to the defendant.
However, in light of the fact that the defendant led to the crime of this case and repented his mistake, there is no record of criminal punishment exceeding the fine prior to the crime of this case, the two sentences in similar cases, the age, sex, environment, circumstances after the crime, and other various sentencing conditions as shown in the arguments of this case, the punishment shall be determined as ordered.