(영문) 광주지방법원 목포지원 2017.01.10 2016고단1381

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(영문) 광주지방법원 목포지원 2017.01.10 2016고단1381

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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

around 10:50 on October 7, 2016, the Defendant driven a motor vehicle from around 15 km to the front road of the support industry in the Chinese Heavy Industries in the Taechip City located in Sinsan City through the Central Hospital in Sinpo-si, Hopo-si, Namnam-gun, Chungcheongnam-si, Seoul, without obtaining a motor vehicle driver's license in the section of about 15 km to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. (A) the ledger of driver's licenses and the details of revocation of driver's licenses (A) the statutes apply;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

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, even though there was a history of punishment several times for the same crime, the defendant committed the crime of this case against the defendant; however, the defendant recognized the crime of this case; the crime of this case occurred more than six years since the date of the defendant's last crime; and the defendant does not seem to have continuously driven a vehicle even after the crime; considering the circumstances favorable to the defendant, the defendant's age, environment, sex behavior, motive and means of the crime, and circumstances after the crime, etc., the punishment of this case shall be determined as ordered by comprehensively considering all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, environment, sex behavior, motive and means of the crime, and circumstances after the crime, and the execution of the sentence shall be suspended

참조조문

-형법 제62조 제1항

-형법 제62조의2

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