(영문) 제주지방법원 2016.06.02 2016고단214

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(영문) 제주지방법원 2016.06.02 2016고단214

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for four 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 February 16, 2016, the Defendant, without a driver’s license, driven B-wing truck from approximately 4 km to the point of entrance of the Yae-ri village located in the Ya-ri, Ya-ri, the head of the Ya-Eup at the Jeju-si, to the point of the fri-ri village to the point of the fri-ri road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control and report on the situation of driving without a license;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was sentenced to a suspended sentence of imprisonment on one occasion due to a licenseless driving or drinking driving in the past; and (b) the Defendant was sentenced to a fine on two occasions due to a non-licenseless driving on July 25, 2014; (c) the Defendant committed the instant crime even though his/her driver’s license was revoked due to a drinking driving on July 25, 2014; and (d) in particular, the Defendant has repeatedly committed the crime of non-licenseless driving and drinking driving within the last four years.

However, the punishment as ordered shall be determined by taking into account the fact that the defendant led to the crime of this case and repented his mistake, the amount of punishment in a similar case, the age of the defendant, sexual conduct, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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