(영문) 춘천지방법원 2017.09.11 2017고단577

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(영문) 춘천지방법원 2017.09.11 2017고단577

도로교통법위반(무면허운전)

Text

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 June 7, 2017, the Defendant driven, without the driver’s license, approximately 20 km section from the 7th apartment of the Jeju-si, Chuncheon-si, Chuncheon-si, to the 372 km point in the Central Highway Busan-do, which is located in the same movable property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the ledger of driver's licenses and the arrest report statutes;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the Defendant continued to possess the instant vehicle under his/her name even after having been subject to criminal punishment after driving without a license in 2005, 2009, and 2016 of the Criminal Act, and the fact that the instant crime was committed again and the quality of the relevant crime was poor, and that the traffic accident was committed at the time of driving without a license, etc., is an element for sentencing unfavorable to the Defendant.

However, it appears that the defendant recognized the crime of this case and would not drive in the future. The crime of this case is limited to driving without a license, and no more serious result has occurred, and the defendant has no record of criminal punishment more than suspension of qualification, etc. shall be considered as factors for sentencing favorable to the defendant. In full view of all other circumstances, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as set forth in the arguments of this case shall be determined as ordered.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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