(영문) 의정부지방법원 2013.11.12 2013고단3338

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(영문) 의정부지방법원 2013.11.12 2013고단3338

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 21, 2013, at around 00, the Defendant driven the B-wing-III truck without obtaining a driver's license from around 3 kilometers in the section of approximately 478-1, South-do, Hayang-si, Namyang-si, the Namyang-si, the Namyang-si, the 502-5 Sinyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes on site photographs and CCTV photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. are as follows: (a) around December 204, the Defendant was punished by imprisonment for 8 months with prison labor due to the crime of escape vehicles, drinking driving, etc.; and (b) since a suspended sentence of 1 year, the Defendant was punished by imprisonment with prison labor for the crime of unlicensed driving on July 8, 2010; (c) even when the court was sentenced to 4 months of suspended sentence and 1 year of suspended sentence, the Defendant was punished by imprisonment with prison labor for the crime of unlicensed driving, etc. on October 5, 2012; and (d) the court was punished by a fine on October 5, 2012 without being aware of the revocation of the license due to the above crime; (d) the Defendant committed the crime of unlicensed driving of this case without obtaining a license without obtaining a license; and (e) the Defendant, the same as the instant vehicle B and the Defendant, who had continuously been punished during the suspended period.

However, in consideration of the fact that the defendant is a mere driver without license, the confession of the crime, and the crime of the suspended execution is about 2010, it shall be the last time for the defendant'sless crime.

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