logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2014.05.23 2014고단370
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 10, 2014, at around 01:10, the Defendant, without a driver’s license, driven a B-type cargo vehicle at a section of about 8 km from the 1st apartment parking lot in the Peace-dong, Chungcheongnam-gu, Chungcheongnam-gu, Jeonju to the front road of the Jeonjin-gu, Chungcheongnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses (section 32 of the Investigation Records);

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 (see the following reasons for sentencing)

1. The reason for sentencing of Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, has been three times a fine due to an unlicensed driving, and in addition, even though there have been several records of punishment for the same kind of crime, the nature of the crime and the circumstances are very heavy.

However, considering the fact that the defendant confessions the crime of this case and reflects the fact that the defendant has no record of punishment of fine or heavier punishment for the same crime, the execution of imprisonment shall be suspended only once, and the probation, community service, and lecture order shall be additionally determined by the same sentence as the order.

arrow