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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 8, 2017, around 18:16, the Defendant driven a wing freight vehicle B without obtaining a driver's license from around 4 km from the border of Pyeongtaek-si, Chungcheongnam-do, Chungcheongnam-do to the 4km parallel of the same Myeon-si, Seocheon-si, Gyeong-do, the Road, at around 4 km.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license;
1. Details of driver's license revocation, and application of statutes to the ledger of driver's licenses;
1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;
1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);
1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.
[The favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime; the Defendant did not cause other damage, such as traffic accidents; and the Defendant did not have any record of being punished by a fine exceeding the fine
(1) [Unfavorable Circumstances] The crime of this case is a case in which the defendant drives a vehicle without a driver's license, and the quality of the crime is not good, and the defendant has been punished eight times due to the same traffic crime, such as the violation of the Road Traffic Act (non-licenseless Driving) and the violation of the Road Traffic Act (driving). The defendant was punished twice on December 25, 2015, and the driver's license of this case was revoked, and the defendant was punished twice for the violation of the Road Traffic Act (non-licenseless Driving).