도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 5, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle around 09:55, driven a C-II truck from B in front of the former Northwest-gun, Northern-gun, North Korea, to the front of the permanent road parking lot in the front of the new road market.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A traffic accident report;
1. Evidence and photographs of the traffic accident scene;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to the investigation report;
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 suspended execution;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is not short of the distance for the defendant to drive without a license, and it is not good that the defendant caused a traffic accident that causes damage to other vehicles parked during the same driving and escape.
On February 5, 2018, the Defendant was punished by a fine of KRW 2 million due to the crime of drinking driving, and committed the instant crime even though the driver's license was revoked due to the driving of drinking, it is necessary to prevent recidivism through severe punishment.
However, if the defendant excluded the defendant from the crime subject to a fine of 200,000 won due to the above drinking driving crime and the crime of driving Otoba without wearing a safety cap in 198, it has no record of being punished for the crime, the defendant's vehicle is covered by a comprehensive insurance, so it is possible to compensate for damage caused during driving, and other various circumstances concerning sentencing, such as the defendant's age, sexual behavior, environment, and conditions before and after the crime, shall be determined as ordered by taking into comprehensive account.