beta
(영문) 춘천지방법원 강릉지원 2013.11.14 2013고단517

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than two months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for the violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court, and the said judgment became final and conclusive on the 21st of the same month.

On August 8, 2013, at around 19:00, the Defendant, without a driver’s license for a car, operated a approximately 15 km section from the street 7-1 to the street in front of the “o branch school lane” in the Asia-dong in the East Sea without a driver’s license for a car, with a gallon vehicle in C.m.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant was under trial for a violation of the Road Traffic Act (driving) but this is no longer driving, and the defendant was under the condition that he would no longer drive the vehicle, and the defendant was under the influence that he would not drive the vehicle, and the defendant was under the duty to drive the vehicle without the license. The sentence shall be determined as above, taking into account the equity in the case of the first violation of the Road Traffic Act (driving at the same time as the first one of the judgment

It is so decided as per Disposition for the above reasons.