(영문) 수원지방법원 2018.12.19 2018고단5576

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(영문) 수원지방법원 2018.12.19 2018고단5576

도로교통법위반(무면허운전)

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2018, at around 08:29, the Defendant driven a body car from around 12 km to C in approximately 57 km-si, Sucheon-si, Sucheon-si, and from around 12 km to the front road near the race track.

Summary of Evidence

1. Statement by the defendant in court;

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

1. 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, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the applicable sentencing] of one year or less of imprisonment (the decision of sentence] was determined as ordered by taking into account the following circumstances and other circumstances, such as the Defendant’s age, sex, environment, motive and circumstances after the commission of the crime, etc.

The circumstances that the defendant committed the crime of this case without being aware of the fact that he had been punished several times for the same crime: The defendant committed the crime of this case without being aware of the fact that he had been punished for a fine for the same crime: The defendant shows an attitude to recognize and seriously reflect his wrong, and the defendant seems to have caused the crime of this case in order to work at the construction site for the purpose of living due to the inconvenience of class 3 with disability, there are circumstances to be considered, and the reason why the situation seems to have been that the defendant was leading to the crime of this case in order to work at the construction site for the purpose of living due to the inconvenience of the body of class 3 with disability, and the reason why the

참조조문

-형법 제62조 제1항

-형법 제62조의2

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