beta
(영문) 서울북부지방법원 2019.03.28 2019고단349

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 18:00 on December 30, 2018, the Defendant driven a D the car without obtaining a driver's license in approximately 900 meters section from the front of the Seoul Northernbuk-gu B to the front of the same Gu C, and without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

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 is that the defendant, while having been punished several times due to driving without a license, etc., he/she again drives without a license. Therefore, the defendant needs to be punished corresponding thereto.

However, the defendant's mistake is divided into one's own mistake, and there is no significant penalty force exceeding the suspension of the execution of imprisonment.

Even in a situation where it is difficult for the defendant to become a business failure, he/she lives with his/her will to support his/her wife by making it difficult for him/her to live.

Considering these circumstances and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, and environment, the Defendant’s beliefing that the Defendant’s situation is different once again and the execution of the above imprisonment is suspended, the sentence is determined as per Disposition.