beta
(영문) 수원지방법원 평택지원 2018.07.13 2018고단479

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 9, 2018, the Defendant driven a BN model without obtaining a driver’s license, from around 300 meters from the front day of the Dongwon-dong Home Stick to the front day of Dongwon-si, Suwon-si, Suwon-si. The Defendant driven a BN model without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession, reflectivity, and the fact that there is no record of crime exceeding the fine, etc. committed in favor of the accused, such as the accused’s age, family relation, circumstance of the crime, etc.: The sentence of imprisonment with prison labor for not less than six months, suspension of execution for two years, and suspension of execution for not less than the order of protection observation; and