도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On July 14, 2014, at around 09:30, the Defendant operated a B car in the section of about 5 km from the green brenam parking lot located in the Manamamamam-dong without a driver’s license to the front road of the Youngam-gun, Youngnam-gun Green 508, the Youngam-gun Police Station, which was located in the front of the safety center for vicarious payment of the Youngam-gun Police Station.
2. While the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated a B car with no mandatory insurance at the date and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. The ledger of driver's licenses;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, and Article 46 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
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 (Consideration of sentencing)
1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant was punished several times due to driving without a license, and one of them was sentenced to imprisonment without a license.
However, the defendant's mistake and reflects, the defendant has no record of punishment for driving without a license since 2009, the defendant's age, character and conduct, family relationship, etc. shall be determined as the order and the execution of the sentence shall be suspended on condition of probation.