beta
(영문) 의정부지방법원 고양지원 2017.01.20 2016고단3362

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 2, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle from around 18:10 on November 2, 2016, driven a E-Poter II truck owned by the Defendant at approximately 15 meters away from the dry field that the Defendant cultivated by the Defendant, who is located in Gyeyang-gu, Seoyang-gu, Yangyang-gu, to the Goyang-gu, Seoyang-gu, 19:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

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

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. To take into account Article 62(1) of the Criminal Act that reflects the reason for sentencing, 4 times a licenseless driving power, 4 times a licenseless driving power, the fact that it is difficult for a license to obtain a license due to the franchise, and the elderly;