도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for four months.
However, the execution of sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On August 25, 2017, around 09:40 on August 25, 2017, the Defendant driven a motor vehicle from the front day of Ansan-si to the road before the police box of about 515 km-dong, Ansan-si, Ansan-si, Ansan-si, without obtaining a driver’s license.
2. On September 9, 2017, around 19:00, the Defendant driven the said car without obtaining a driver’s license from the front road of Ansan-si, a member of Ansan-si, to the front road of the Hansan-si, the 15-ro, Nowon-gu, Seoul High School, and driving the said car.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to inquire into a license ledger, arrest reports on occurrence of accidents and report on the circumstances of unlicensed driving;
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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. On February 24, 2017, an order to attend a course was notified of a summary order (one million won a penalty) on June 15, 2017 by driving without a license even though the driver’s license was revoked on February 24, 2017 due to the drinking alcohol driving on the grounds of sentencing under Article 62-2 of the Criminal Act.
Nevertheless, since the driving without a license has been conducted twice again, there is a tendency that the defendant would not feel any particular awareness about the driving without a license or neglect the law.
It is also necessary to impose strict penalties.
However, there is no record of punishment exceeding fines for the same crime, and the defendant's mistake is against his/her own mistake while under detention for about one month, and the situation in which the accident has not occurred shall be determined like the order in consideration of the situation.