beta
(영문) 인천지방법원 부천지원 2016.09.02 2016고단1572

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 24, 2016, at around 17:20, the Defendant driven a motor vehicle in B, the vehicle level without obtaining a driver's license from a distance of about 4 km from about 17:40m to about 4 km-ro, Bupyeong-gu, Incheon, Bupyeong-gu, Seocheon-gu, Incheon, to the road in front of the Seocheon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Scenic photographs of the control site;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes on the cancellation of driver license;

1. The Defendant had a record of serving seven times a licenseless driving from October 200 to April 2016, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the pertinent criminal facts, the choice of a sentence, and the reason for sentencing imprisonment.

On September 17, 2014, the Defendant was sentenced to a fine of KRW 3 million on April 21, 2016, on October 3, 2015, when he/she was sentenced to imprisonment for six months or two years of suspended execution, and was under suspended execution.

Nevertheless, on June 24, 2016, the Defendant, who was under the suspension of execution, re-driving the instant unlicensed driving, thereby re-offending twice during the suspension of execution.

On the other hand, there is no inevitable circumstance that the defendant had to drive without the license of this case.

In light of the defendant's past record, the sentence of a fine shall be sentenced to the same punishment as the order in consideration of the fact that it has no effect on preventing the defendant from repeating the crime.