(영문) 광주지방법원 2013.06.13 2013고단1852

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(영문) 광주지방법원 2013.06.13 2013고단1852

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is the owner and the driver of the ecuas car B.

On April 16, 2013, the Defendant driving approximately 500 meters from each of the Jeju Northern-dong located in the same Gu as the above vehicle without obtaining the driver's license around 13:35 on April 16, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a driver's license;

1. The reason for sentencing under Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act for the crime of this case and Article 152 subparagraph 1 of the Road Traffic Act for which the defendant has been punished five times a fine (two times a fine is imposed together with the crime of driving under influence or the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents. Otherwise, a fine imposed on the defendant on April 9, 2010 for the crime of this case without a license is deemed to have been punished for the crime of this case at the time when two years have not passed since the above suspended sentence was sentenced). However, in light of the repetition of the crime of this case, it is inevitable to punish the defendant with severe punishment.

However, the defendant's mistake is divided and contradictory to himself, the defendant has been punished 13 times a fine, 13 times a suspended sentence, and 3 times a suspended sentence, but there is no record of being sentenced to imprisonment or heavier punishment for the same kind of crime. The defendant is already sentenced to imprisonment for 8 months in the first instance court with respect to the crime of this case and the crime of false accusation under the former part of Article 37 of the Criminal Act, and the appellate court (this court) is still serving in the appellate court (this court). Thus, the defendant should take into account the balance between the sentence and the sentence when he has been sentenced to one punishment for all the crime of this case and the crime of false accusation, and all the other things, such as the motive, means and result of the crime of this case, circumstances after the crime, the defendant's age, character and behavior,

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