beta
(영문) 수원지방법원 2017.11.01 2017고단3326

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 10, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on May 10, 2017, driven a car car volume of about 1.5 km from the front road of the Samwon-gu, Suwon-si, Suwon-si to the original school located in the same city from the original school in the same city.

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances for sentencing) - The defendant has the record of having been punished several times for the same crime. The defendant, while driving without a license, was punished by a fine on May 2017, 2017, prevents him/her from committing the instant crime without any reflective mind. The favorable circumstances - the defendant recognized all the criminal facts. - The defendant has no record of having been sentenced to a fine exceeding a fine until now due to the same crime. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process.