beta
(영문) 대구지방법원 2016.08.25 2016고단2200

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2016, around 19:40 on March 25, 2016, the Defendant driven a Bnsi-si car without obtaining a driver’s license from a section of about 500 meters from the front of the gymnae-dong, Yacheon-si, Yacheon-si to the front of the gymna-dong, Yacheon-si, Youngcheon-si,

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant could have been punished for driving without a license even if he/she had the ability to do so. However, the defendant's favorable circumstances, such as the fact that he/she has committed a crime that is late later, and the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, etc., and other factors indicated in the arguments of this case, such as the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, etc.