도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On August 2, 2004, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (unlicensed Driving) at the Cheongju District Court on August 10, 2012, a fine of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the Pyeongtaek District Court on Pyeongtaek District on August 10, 201, and a fine of KRW 4 million as a crime of violation of the Road Traffic Act (Free Driving) at the same support on April 25, 2014, respectively.
【Criminal Facts】
On June 23, 2014, the Defendant, without obtaining a driver’s license at around 15:30 on June 23, 2014, driven a wing truck from approximately 300 km to the 268 km away from the road near the Gyeong-do at the Gyeong-do Development of the Gyeongnam-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of operation without a license, and the register of driver’s licenses;
1. Statement of the enemy;
1. Previous records of judgment: Criminal records, investigation reports (report on previous records and results of confirmation of dispositions), and application of statutes governing judgment;
1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the Defendant, for the reason of sentencing under Article 62-2 of the Probation Criminal Act, was subject to punishment twice as an unlicensed driving, and the same criminal records were once again committed in the instant case, it cannot be deemed that the relevant criminal liability is less than that of the crime.
However, in order to prevent the risk of recidivism, the sentence is to be imposed as ordered in consideration of various sentencing factors, such as the defendant's age, occupation and criminal records, including the fact that the defendant is against the recognition of the crime and that the defendant has no criminal records exceeding the fine, and the defendant has no criminal records.