beta
(영문) 수원지방법원 여주지원 2017.06.21 2017고단449

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who has been sentenced to the suspension of four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) on April 19, 2017 and was sentenced to the suspension of the execution on April 27 of the same month, including the final judgment on the 27th day of the same month, and has all six times of the past record of the violation of the Road Traffic Act (unlicensed Driving) and the violation of the Road Traffic Act (driving Driving).

[Criminal facts] On March 27, 2017, the Defendant driven a Brocketing car without obtaining a driver’s license from around 3 km to around 45 km from Sejong-ro 397-9 at the time of inn city to the 3km road at the time of inn city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on search of cases;

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. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, who has been punished several times due to the same kind of crime for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, was tried to commit the same offense, and was judged concurrently with the crime of violating the Road Traffic Act (unlicensed driving) in which the judgment became final and conclusive, and was able to be tried concurrently with the crime of violating the Road Traffic Act (unlicensed driving). In full view of the favorable circumstances, such as the circumstance that the defendant was not driving, the sentence like the order shall be imposed.