beta
(영문) 서울남부지방법원 2017.01.26 2016고단4550

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 18, 2016, without a driver's license of a motor vehicle around 20:40 on August 18, 2016, the Defendant driven a small amount of car with C string car on the road located around approximately one kilometer in approximately 1 kilometer at the roads in front of each market, from the roads of the Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone (Seoul) to the roads

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. In light of the relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding criminal facts, the Defendant shall not be exempted from punishment in light of the following: (a) there are many records: (b) the Defendant was punished for driving under drinking or non-licenseing; (c) the Defendant had been punished two times since 2005 and around 209 and was sentenced to suspension of the execution of imprisonment; and (d) the Defendant was punished two times after the driver’s license was revoked on September 19, 2013 by a fine for driving without license and two times after the revocation of the driver’s license.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as favorable circumstances, such as the defendant's confession and reflective attitude, and the age, sex, environment, etc., shall be determined as ordered by considering the conditions of sentencing under Article 51 of the Criminal Act.

참조조문