도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment with prison labor for up to six 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
On May 15, 2017, the Defendant driven a 1 ton truck of E without obtaining a driver’s license from the Defendant’s house located in Chungcheongnam-si, Namyang-si to May 15, 2017, from May 15, 2017, to May 16, 1669.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on detection and report on the situation of driving without a license;
1. Detection photographs;
1. Application of Acts and subordinate statutes on license ledger;
1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend lectures are as follows: (a) the Defendant committed the instant crime during the period of suspension of execution [the case where: (b) the Defendant committed the instant crime during the same period of suspension of execution [the case where he/she committed a violation of the Road Traffic Act (the case where he/she was sentenced to imprisonment with labor for ten months, the case where he/she was sentenced to imprisonment with labor for six months, the case where he/she was sentenced to imprisonment with labor for two years), and on June 18, 2015].
However, the defendant shows that he will not reflect his mistake and repeat his offense.
It is clear that the social relationship of the defendant is clear, and it is expected that there is excessive difficulty for the family members in the case of detention of the defendant.
Other punishment shall be determined by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, method and attitude of the crime, and circumstances before and after the crime.