beta
(영문) 의정부지방법원 2015.09.16 2015고단1965

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 7, 2015, at around 06:20, the Defendant driven a C-wing vehicle without obtaining a driver's license in the section of approximately 200 meters from the front side of the Gyeongnam-ro 520-1, west-ro 546, 546, to the front side of the west-ro 6 Pungyang-ro 546, 300.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act has a history of being sentenced to multiple punishments (including suspension of execution) due to drinking driving, but considering the fact that the third is discovered due to driving without a license and that the vehicle driving at the time will not be reoffending, such as scrapping of the vehicle driving at the time, the sentence shall be determined as ordered.