beta
(영문) 춘천지방법원 2017.08.07 2016고단662

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, around 21:50 on March 3, 2016, driven a Dap car without obtaining a driver's license in the section of approximately 150 meters from the street in front of 40,000 Yacheon-ro Yacheon-si Yacheon-si 40, Yacheon-si Yacheon-do to the street in front of the Yacheon-si Yacheon-si Yacheon-si.

On August 19, 2016, 2011:20 around 11:20 on August 19, 2016, the Defendant driven a Cpoter further flobing truck without obtaining a driver’s license from around 2 km to the front of the forest in the same city of the same city from the Do in front of the new city of Chuncheon-do.

Summary of Evidence

"2016 Highest 662"

1. Statement by the defendant in court;

1. "The circumstantial report on the operation of a motor vehicle without a license and the ledger of driver's licenses": "2016 Height 840;

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes appear to have been recognized and against all the crimes of this case, and the fact that there is no record of criminal punishment heavier than that of suspended execution after 200, etc. are factors for sentencing favorable to the defendant.

However, the Defendant committed each of the instant crimes, which are the same or similar criminal acts, even though the Defendant was punished for driving without a license more than six times since 2000, and the record of punishment for driving without a license more than twice. The Defendant was drinking alcohol at the time of driving on March 3, 2016 (if the number was 0.035%, but the number was 0.035%). The Defendant was able to wear a safety bell, and the Defendant was extremely unfaithful in the trial, such as failing to attend at the trial date or escaping, there is a great need for strict punishment against the Defendant.

In addition, the sentencing as shown in the argument of this case, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime.