(영문) 창원지방법원 마산지원 2017.03.07 2017고단24

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(영문) 창원지방법원 마산지원 2017.03.07 2017고단24

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 December 30, 2016, the Defendant driven, without the driver’s license, the B1 ton cargo vehicle from the front of the modified apartment in the Yaean-gun, Haak-gun, Haak-gu, Haak-gu, Changwon-si, the members of Changwon-si, in a section of approximately 300 meters to the horizontal distance in Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and 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 sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

On September 3, 2015, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor due to a violation of the Road Traffic Act (non-licenseless Driving), etc. in the Changwon District Court (Seoul District Court) on September 3, 2015, and the judgment became final and conclusive on September 11, 2015, and is currently under the suspension of execution. On January 4, 2012, the Defendant was sentenced to one year of the suspension of the execution of six months of imprisonment with prison labor due to a violation of the Road Traffic Act (non-licenseless Driving)

Nevertheless, in addition, the crime of this case has been committed.

The favorable circumstances: The crime of this case is against the law.

Considering that it seems that the defendant's health is not good, it seems to be somewhat harsh to impose a sentence immediately.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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