beta
(영문) 광주지방법원 2017.01.19 2016고단5328

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2016, at around 17:30 on November 17, 2016, the Defendant, without a driver’s license, driven a 10 km truck from the Sinju-Eup to the area 20 km away from the Sincheon-si-si in the Sinju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant was punished three times due to drinking driving, and even if he was punished by a fine for driving without a license in 2016, he was again driving without a license in only one month. However, the fact that the traffic accident was not caused due to the pertinent non-license driving, that he was punished due to a non-license driving in this case is only one time, and that the defendant is not guilty.

In this normal relationship, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the pleadings of this case, such as the age, sex, environment, health conditions, circumstances after the crime, and the circumstances after the crime.