beta
(영문) 부산지방법원 2017.11.09 2017고단4199

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 10, 2014, the Defendant was sentenced to eight months of imprisonment due to a violation of road traffic laws at the Busan District Court, and on April 18, 2015, the Defendant was sentenced to the completion of the enforcement of the sentence at the Busan District Court’s detention center on April 18, 2015, and the criminal record of a violation of road traffic laws (non-licenseless driving) and a violation of road traffic laws (non-licenseless driving) reaches fourteen times in total.

[2] On August 13, 2017, around 10:45, the Defendant driven a heavy car without obtaining a driver’s license from around about 120 meters from the front road of the Busan Jin market located in 24, the head of the Busan Dong-gu, Busan, to the front road of the 498-1, as the center of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, registers of driver's licenses for motor vehicles, and inquiries into the establishment of the main office;

1. Records of the judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of repeated crimes);

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (unlicensed Driving Point), and the selection of imprisonment;

1. The Defendant, with the reason for sentencing Article 35 of the Criminal Act, has a majority of criminal records identical to those stated in the judgment.

Nevertheless, the crime of this case has been committed again during the same period of repeated crime.

In particular, on March 2017, the Defendant was driving under the influence of alcohol and again driving without permission of this case without being aware of a request for a summary order.

The punishment as ordered shall be determined in consideration of such circumstances, the fact that the defendant violated the crime and disposed of the vehicle, the age, character and conduct, environment, etc. of the defendant and the conditions of sentencing as shown in the trial process.

참조조문