(영문) 춘천지방법원 속초지원 2021.03.31 2019고단431

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(영문) 춘천지방법원 속초지원 2021.03.31 2019고단431

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On September 30, 2019, the Defendant driven a car with Csch Rexton without obtaining a driver's license from approximately 2 km section from the front of the residence in 09:20 to the front of the first compliance support center located in the Ministry of Justice in 3929 of the same year, as from the beginning of the residence in 09:20 to the front of the 3929 Sinsi.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses, such as the arrest report of the incident, the situation report without licenses;

1. Article 152 of the Criminal Act applicable to the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Criminal Act selection of punishment, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, committed the instantless driving crime even though he/she had a record of being sentenced to a fine of KRW 2 million due to driving under drinking in 2009, and a fine of KRW 5 million due to driving under drinking in 2017.

In addition, even though the defendant was served with the copy of the indictment of this case, he had been absent at will on the trial date, and was detained at the end of the issuance of detention warrant and the measure taken to allocate the name.

This is disadvantageous to the defendant.

However, there is no previous record of driving without a license for the defendant, and there is no previous record of punishment exceeding a fine due to the crime related to driving.

In addition, the defendant committed the crime of this case in his own mind after his wife died on July 29, 2018, if he committed the crime of this case in his own mind, the crime is divided.

The sentencing conditions in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be considered as favorable circumstances, and the punishment shall be determined as ordered.

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