beta
(영문) 대구지방법원 2015.09.10 2015고단3339

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment 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

On July 1, 2015, at around 20:40, the Defendant driven B Poter, 1km, without obtaining a driver’s license in approximately 1km section from the front of the lock middle school located in 583, the Doldong-gu, Daegu, 440, the same school district, to the front of the 440-ro of the same school district.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of an accident;

1. License register;

1. Application of investigation reports (verification of previous convictions for driving without a license) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished several times for the same crime (six times a fine) but has also been driving a license without permission, so it is inevitable to punish him/her accordingly.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the fact that the defendant is against the crime and does not repeat the crime; the vehicle is scrapped; there is no criminal record of suspension of execution or more; and the motive, means and result of the crime in this case; the circumstances after the crime; the age, character and conduct, family environment, etc. of the defendant;