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(영문) 춘천지방법원 2017.08.09 2017고단544

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

Reasons

Punishment of the crime

On May 29, 2017, the Defendant driven a car B without a vehicle driver's license at approximately 200 meters from the front of the Samcheon Forestry Co., Ltd., located in the Chuncheon-si Corporation, Chuncheon-si to the front of the Gyeongcheon-gu, Chuncheon-si Road before and after the same hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes, such as reporting on the circumstances of driving without a license, photographs of driving without a license, and inquiries about driver's license (9);

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act on the following factors:

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures do not have to be long enough to revoke the license due to driving of drinking, and thus criminal punishment or a trial is being imposed after being discovered by driving without licenses over three occasions including the instant crime, and the fact that the Defendant was found to have committed the instant crime while driving in a reverse manner, etc. is deemed an element for sentencing unfavorable to the Defendant.

However, the fact that the defendant seems to have recognized the crime of this case and against the defendant, and that there is no record of criminal punishment heavier than the suspension of execution, etc. is an element of sentencing favorable to the defendant (in light of the fact that the location of the defendant's driving, the distance from the hospital where the defendant attempted to drive, the time zone when the defendant driven, and the place where the defendant driven a taxi, etc. are in difficult to drive, it is difficult to view the circumstance that the defendant attempted to drive a hospital as an element of sentencing favorable to the defendant). Other circumstances, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., are considered as the condition of sentencing as shown in the argument of this case, and the sentence is determined as shown in the disposition