도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
On May 25, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment with labor for a violation of the Road Traffic Act (Refusal of measurement) or a violation of the Road Traffic Act (non-licensed driving) at the Jung-gu District Court on May 25, 2012, and the judgment was finalized on June 2, 2012. On March 13, 2013, the Defendant was sentenced to a fine of three million won by the Incheon District Court on March 13, 2013, and the same criminal records were six times.
Criminal facts
On November 19, 2013, at around 13:45, the Defendant, without a driver’s license, driven a car in Dmea off from the 548 Spam 1, Nam-gu, Incheon, Nam-gu, Incheon, to the front of the 421-18 Spam Fire Center at approximately KRW 100 meters.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. A driver's license inquiry report, a driver's license inquiry report, and a report on the situation of driver's licenseless driving;
1. Previous records of judgment: Application of Acts and subordinate statutes to residents/ criminal records, investigation reports (a summary order related to criminal records of a suspect and reporting accompanying judgments);
1. Relevant Acts concerning criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act.
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. The scope of applicable sentences under law: Imprisonment for one month to one year; and
2. Determination of sentence: Imprisonment for 10 months, 2 years of probation, 120 hours of community service, 120 hours of probation [fried circumstances] at once, the defendant is expected to be subject to any further punishment, and the crime of this case, which is clearly related to social relation [finite circumstances] even during the period of probation for the same crime, is discovered by driving without a license on March 7, 2013 and has been sentenced to a fine of 3 million won on January 4, 2009, and continuously committed the crime of this case even after the driver's license was revoked on January 4, 2009.