beta
(영문) 청주지방법원 제천지원 2015.01.22 2014고단485

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a holder of CPoter 2 cargo vehicle.

On September 9, 2014, at around 08:00, the Defendant driven a C 2-freight not covered by mandatory insurance without a car driver’s license at approximately 6km section from the front of the Buddhist church, which was located in Daejeon 2-H, to the front of the village entrance of the complex.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the ledger of driver's licenses and mandatory insurance statutes;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has a record of being punished four times due to driving without a license, and despite the fact that the defendant had been punished several times due to driving without a license, the fact that the defendant committed the crime again during the period of suspension of the execution due to driving without a license is very good for him/her to commit the crime.

Furthermore, in light of the fact that the Defendant committed the instant crime as long as he/she had been punished by a fine of KRW 2 million on June 12, 2013 while driving without a license during the suspension period due to the above drunk driving, the Defendant is sentenced to a sentence on the Defendant, considering the fact that he/she committed the instant crime.

In addition, the punishment shall be determined as ordered in consideration of the various conditions of sentencing, such as the age and health of the accused.