beta
(영문) 서울북부지방법원 2019.07.04 2019고단1171

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment with prison labor for four 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

Although a Class 1 ordinary driver's license was revoked on November 27, 2012, the Defendant, without a driver's license around March 15, 2019, driven a Category 5 km car from the front side of the Seoul Jung-gu building to the front side of Dongdaemun-gu Seoul, Seoul, without a driver's license around March 20, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstances of non-licensed drivers:

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

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant had been punished several times due to driving without a license, etc., and thus, the Defendant needs to be punished corresponding thereto.

However, the Defendant’s mistake is divided into one another, and is against himself, and there is no heavy criminal punishment exceeding the fine prior to the instant case.

The defendant's wife undergoes a breast cancer surgery, and the defendant supports the family in a situation where the health condition is not good, and the second child is receiving a mental treatment.

Taking into account such circumstances and other conditions of sentencing as prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, and environment, the court decides to trust the Defendant’s identity only once and to suspend the execution of the above imprisonment. The sentence is determined as per Disposition.