beta
(영문) 수원지방법원 2017.06.27 2017고단2144

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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

On March 22, 2017, at around 32:45, the Defendant driven a B-car without obtaining a driver's license from a vehicle from around 1km to around 58, 201, through the car center located in the 320-4, Masan-dong, 320-4, Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

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

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 grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The Defendant acknowledged his mistake while leading to the confession of the instant crime. At the time of the instant case, the Defendant did not cause other damage, such as traffic accidents, etc., and the Defendant did not have any record of criminal punishment exceeding the fine.

[Unfavorable Circumstances] The crime of this case is a case where the defendant drives a vehicle without a driver's license, and the quality of the crime is not good, and the defendant has been sentenced to a fine five times for the same kind of crime, such as a violation of the Road Traffic Act (drinking) and a violation of the Road Traffic Act (licensed driving).