beta
(영문) 대전지방법원 2020.10.13 2020고단2483

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:30 on May 28, 2020, the Defendant driven B rocketing car without obtaining a driver’s license from front of the construction site of Hongdo-dong Hongdo-dong to about 1km-dong-dong from the front of the construction site of Hongdo-dong, Daejeon to the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the register of drivers' licenses, reporting on arrest of suspected victims of the violation of the Road Traffic Act (unlicensed driving), reports on detection of such violation, on-site photographs, and driving licenses;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the fact that the defendant was punished by a fine of one million won due to drunk driving in 2005, a fine of one million won due to driving without a license in 2017, a fine of two million won due to driving without a license in February 14, 2020, and the defendant was under driving without a license without a license in 2005, without obtaining a license after the cancellation of the license in 2005: Provided, That it is against the fact that the defendant recognized the mistake, and there is no previous conviction other than the above previous one, the defendant's age, character and conduct, environment, motive, means and procedure of the crime, and circumstances after the crime, etc., the punishment as ordered in the Disposition shall be determined by taking into consideration all the circumstances.