beta
(영문) 대전지방법원 서산지원 2013.03.21 2012고단782

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2012, the Defendant, without obtaining a driver's license on August 10:10, 2012, driven a BM7 car from around about 20 km to the front road of Seolsan Dolsan Dolsan City, Seolsan City, Seolsan Donsan-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;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, is that the Defendant was punished by a fine or a suspended sentence due to drinking or driving without a license, and the offense of the instant without a license, is not somewhat weak.

However, in consideration of the fact that the period of suspension of execution has already been passed without other violations and that the mistake has been divided, the last place of suspension of execution shall be decided, but probation, community service, and order to attend a lecture shall be imposed to correct the drinking and the habits of unauthorized driving of the accused.