beta
(영문) 창원지방법원 2017.05.24 2017고단836

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 4, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 16:00, driven a vehicle with approximately 200m B - B - B - mpher on the road located in the Central Market Public Parking Lot located in No. 22-3, 130, a 130-gil-ro, Nowon-si, Gowon-si, Gowon-si.

Summary of Evidence

1. Statement by the defendant in court;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to attend a lecture is that the defendant is able to repent and reflect his mistake in depth, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime.

On the other hand, the defendant has been punished for driving without a license even before, and is disadvantageous to the defendant.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing as shown in the records and arguments, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence, environment, etc., were determined in the same sentence as the disposition.