도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for six 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
1. On April 23, 2013, the Defendant was driving a CP car in a state of under the influence of alcohol content of 0.151% without obtaining a driving license from the first joint marketing center in the city of Gongju to the front road in the same city of Do, from around 20:27 on April 23, 2013, the Defendant driven a CP car in the state of under the influence of alcohol content of 0.151% without obtaining a driving license.
2. On April 23, 2013, the Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of CP car, operated the said automobile not covered by mandatory insurance on the multi-party road located in PPP, PP, PP around April 23, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a driver and report on the circumstances of a driver's driving;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of unauthorized Driving), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, the choice of imprisonment for each term;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant had been punished several times due to driving without a license, and even if he/she had been sentenced to imprisonment due to driving without a license, he/she again caused a traffic accident leading to driving a vehicle not covered by a mother-and-child insurance in drinking condition and driving the vehicle in front. Therefore, the Defendant considered the sentence of sentence against the Defendant.
However, after 2010, considering the fact that there is no record of punishment for driving without a license, the defendant can be corrected to correct his mistake.