도로교통법위반(무면허운전)
The punishment of the accused shall be determined by three months of imprisonment.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
[2] On December 26, 2003, the Defendant issued a summary order of KRW 1.5 million to the Gwangju District Court for a violation of the Road Traffic Act (non-licenseless Driving), a summary order of KRW 1.5 million to the same crime in the same court on May 20, 2010, and a summary order of KRW 3 million to the same crime in the same court on July 10, 2012, respectively.
[Criminal facts] On September 12, 2017, the Defendant driving C Coin with a sports vehicle from the roads near the Songcheon Loon Hospital located in the Gwangju Mine to the roads near the same Gu, without obtaining a driver’s license for a motor vehicle around 18:25, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.
A favorable normal situation: The defendant has been divided into and reflected in his mistake.
The defendant does not commit a second offense.
D. Unfavorable circumstances: The Defendant repeated the instant crime even though he/she had been punished once due to drinking, twice due to driving without a license, and once due to driving without a license.
The defendant's driver's license was revoked from around 2000.