beta
(영문) 수원지방법원 안산지원 2015.12.17 2015고단3388

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

On July 22, 2015, around 09:36, the Defendant driven a B Mt Motor Vehicle without a vehicle driver's license at a distance of about 3 km from the front of the same Sigyang-dong Egyll in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime even though he had been already punished twice due to driving without a license in 2015; (b) the Defendant confessions and reflects the instant crime; (c) there is no record of punishment exceeding the fine; and (d) other factors of sentencing regarding the instant case including the Defendant’s age, motive and background of the instant crime; (b) home environment; and (c) the circumstances after the instant crime.