beta
(영문) 인천지방법원 2017.06.28 2017고단2767

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2017, at around 14:40, the Defendant, without obtaining a driver’s license, driven a motor vehicle of approximately 3 km in the section B from the Do of the Dong-dong Home Pug, Seo-gu, Incheon, Seo-gu to the section of 8.4 km (Seoul direction) of the highway 1 at around 8.4 km.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the relevant Acts and subordinate statutes to survey reports and photographs;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act provides that the defendant with the same record of sentencing three times and two times among them is subject to the recent punishment, but the defendant has a record of punishing driving under drinking, and the defendant has no record of driving under the influence of alcohol, and the defendant's responsibility is not easy to commit the crime, such as the occurrence of traffic accidents and the long distance of driving.

However, the same force as above is punished by a fine, and the history of punishment for drinking driving is relatively old, the degree of traffic accident was insignificant, the defendant's mistake in depth is currently divided, the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the order.