도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 26, 2020, the Defendant, without obtaining a driver's license, driven a motor vehicle from the front side of the city located in Gwangju Seo-gu, Seo-gu to the front side of the oil station located in the same Gu D, in approximately 500 meters away from May 26, 202.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Road Traffic Act to the register of driver's licenses, reporting on detection of suspected victims of violation of the Road Traffic Act;
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 (including the circumstances, etc. described in the following reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, was subject to punishment for drinking and driving without license, and the punishment for suspended sentence was imposed for driving without license in 2016, so it is deemed that the Defendant’s intent to observe the law is weak.
However, there are some extenuating circumstances in regard to the circumstances in which the Defendant had been driving in the instant case, the term of punishment is set in consideration of the circumstances that may be considered such as the fact that the Defendant was preparing for obtaining driver's license, the Defendant’s mistake, and the fact that the Defendant is pening, and the execution of the sentence is suspended once more, but the Defendant is ordered to order probation, community service, and compliance driving together so that the Defendant can be repeated as a sound member of society, and the sentence is determined as per the order.