beta
(영문) 수원지방법원 안산지원 2016.07.19 2016고단1664

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On May 19, 2016, the Defendant was sentenced to two years of suspension of execution on August 27, 2016, for the violation of the Road Traffic Act (unlicensed Driving), etc., in the support of Suwon Friwon, and the judgment became final and conclusive on May 27, 2016.

[Criminal facts] On May 13, 2016, the Defendant driven a C Poter vehicle without a driver’s license at a approximately 500-meter section from 1994-4 to 105, Sinsi-si, Sinsi-si, Yang-si, 1994-4 to 105.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license and the ledger of driver's licenses;

1. Previous convictions: Application of each of the Acts and subordinate statutes to inquiries, such as criminal history, text of judgment, and search results of cases;

1. Relevant legal provisions and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of imprisonment (in consideration of the fact that the accused has been punished for a violation of the Road Traffic Act or a violation of the Road Traffic Act on several occasions, or a violation of the Road Traffic Act);

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act) ;

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;