도로교통법위반(무면허운전)
A defendant shall be punished by imprisonment with prison labor for up to 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
On July 19, 2018, around 09:55, the Defendant driven a freight vehicle of approximately 21 ton, without obtaining a driver’s license, at a section of about 5 km from the street in front of the Mamamba-gun, Seoul, to the road front of the 1849 Daegu-do Office.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license and the application of Acts and subordinate 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 on the suspended execution;
1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act and other factors of sentencing, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as shown in the proceedings and arguments, the sentence as ordered shall be determined.
favorable sentencing factors: The defendant recognized his mistake and reflected his mistake.
An unfavorable sentencing element: The history of punishment for driving without a license is only one time, and there is a record of punishment for refusing to drive alcohol or to measure drinking, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles) around 2014, etc. has been sentenced to suspended sentence.