(영문) 창원지방법원 2015.11.25 2015고단2198

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(영문) 창원지방법원 2015.11.25 2015고단2198

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 20, 2015, the Defendant was sentenced to a suspended sentence of two years at the Changwon District Court for the crime of violation of the Road Traffic Act, and the said judgment became final and conclusive on the 28th of the same month.

On August 5, 2015, at around 18:50, the Defendant driven a car without a driver’s license from the front day of the “Rab Life” road located in the Jincheon-dong, Busan Metropolitan City to the front day of the Sungnam Elementary School located in the Dong-dong, Dong-gu, Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), and application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime in the Changwon District Court due to the violation of the Road Traffic Act, and that the Defendant has been sentenced four times only to the violation of the Road Traffic Act due to the unlicensed driving.

However, in full view of the favorable reasons for sentencing, such as the fact that the defendant misleads and reflects the defendant's mistake, the defendant has no record of punishment exceeding the fine only for the same crime, the fact that the first head of the crime of this case has become final and the case where the crime of this case is concurrently judged, the equity in sentencing should be considered, and other favorable conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime

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