도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for not less than eight 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
On September 3, 2017, the Defendant 2017 Godan 2305, the Defendant driven a car without a driver’s license in the section of approximately 3 km from September 3, 2017 to the road of approximately 25 km in front of the first week in the same week from the front of the Defendant’s residence in Jeju Island B.
On August 30, 2017, the Defendant 2017 Godan 2325, the Defendant driven a car without a driver’s license in the section of about 20 meters from the front day of the “culture” located in the Jeju-si on August 30, 2017 to the road near the 18:45 on the same day.
Summary of Evidence
"2017 Highest 2305"
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license and the ledger of driver's licenses "2017 Highest 2325";
1. Statement by the defendant in court;
1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;
1. Relevant Article of the Act and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving Point) concerning the facts constituting an offense, 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. The Defendant for the reason of sentencing under Article 62-2 of the Criminal Act on the grounds of protection observation and attendance order was punished for driving without a license in 2003, 2004, 2005 (2) and 2007. Moreover, the license for driving a motor vehicle on April 12, 2017 was revoked due to the driving of a motor vehicle on January 12, 2017.
Nevertheless, as in the instant case, it is difficult to see that two times or more as well as that of the case, once again driving without a license on August 30, 2017, which was 4 days after the control of driving without a license, is very poor.
In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime.