beta
(영문) 서울동부지방법원 2015.06.04 2015고단964

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 22, 2015, at around 07:58, the Defendant driven CM5 car without a car driver’s license from the front of the Defendant’s residence in Gangdong-gu Seoul Metropolitan Government to the point of 102 km located in the Yongnam-gun, Sungsung-gun, Sungsung-gun, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of alternative imprisonment with prison labor (referring to a number of unlicensed driving, recent records of punishment for drinking driving, etc.);

1. Article 62 (1) of the Criminal Act (hereinafter “Suspension of Execution”), which takes into account various factors of sentencing, such as the fact that the suspension of execution is against nature and behavior, the fact that no license has been punished for driving without license since 2008, and the age, character and conduct, environment, family relationship, etc.

1. It is so decided as per Disposition for the reason that an order to attend a lecture is not less than Article 62-2 of the Criminal Act (including a number of identical criminal records);