beta
(영문) 춘천지방법원 2014.01.23 2013고단1084

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 30, 2004, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving without a license) at the Chuncheon District Court on December 14, 2004, and sentenced to a fine of one million won for a violation of the Road Traffic Act (driving without a license) at the Chuncheon District Court on March 7, 2005, and sentenced to a fine of two hundred and five million won for a violation of the Road Traffic Act (driving without a license) at the Chuncheon District Court on March 7, 2005, and sentenced to a fine of one million and one million won for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on May 8, 2009, and on March 5, 2013, the Defendant was sentenced to a fine of two million and two million won for a violation of the Road Traffic Act (driving without a license) at the Chuncheon District Court on March 5, 2013.

On November 15, 2013, at around 14:15, the Defendant driven a wing-in freight vehicle B without the driver’s license from approximately 10km section from the road located in the Yancheon-gun, Seocheon-do, Seocheon-si, Gyeongcheon-gu, Cheongcheon-do, to the Yancheon-si, Seocheon-gu, Cheongcheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend the course of education indicates unfavorable circumstances such as the defendant's previous convictions in six times, and expressed his intention of reflection while attempting to commit the instant crime. Scrapping his own vehicle after the instant case shows his intent to prevent recidivism, and there are favorable circumstances, such as the fact that custody of the defendant is accompanied by excessive difficulty for his family members, and that social ties are clear, and that such circumstances include the character, behavior and environment of the defendant, as well as various circumstances shown in the oral proceedings of this case are considered.