(영문) 수원지방법원 2018.11.15 2018고단5262

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(영문) 수원지방법원 2018.11.15 2018고단5262

도로교통법위반(무면허운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 3, 2018, the Defendant driven C cargo vehicle at a distance of 3 km from the front of the Syundong Syun-gu Seoul Syundong to the front road of the Suwon-dong Syundong Syun-gu, Suwon-si, without obtaining a driver's license.

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 relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was committed on October 9, 2016 on the ground that the Defendant, whose driver’s license was revoked due to driving under drinking on or around October 9, 2016, and the nature of the crime is not somewhat weak, and the Defendant was found to have been exposed to driving without a license or driving under drinking on or around December 2016, which was after the cancellation of the driver’s license, and was sentenced to one year of suspension of the execution of imprisonment with prison labor from the Suwon Friwon on July 5, 2017 and without being aware of two years of the suspension of the execution of the license. This is also likely to be subject to criticism.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant's punishment for the past 10 years was imposed only once a suspended sentence of imprisonment is imposed as above, and the defendant seems to have performed protection observation and community service ordered by the above judgment in a relatively faithful manner, and other circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., as well as the conditions for sentencing specified in the records, such as the circumstances after the crime, shall be determined as the sentence.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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