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(영문) 의정부지방법원 2019.07.24 2019고단1726
도로교통법위반(무면허운전)
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 15:00 on February 8, 2019, the Defendant was driving a car without obtaining a driver's license from around 30 meters from the front of the B apartment Cdong to the front of the B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes on licenses inquiry;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: One month to one year;

2. No sentencing criteria shall be set;

3. On December 14, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Seoul Northern District Court on the grounds of a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death). On February 8, 2019, the Defendant committed an unlicensed driving as in the instant case on February 8, 2019 (the previous conviction was pardoned on February 28, 2019). When the Defendant was found to have driven without a license, the Defendant committed a friendly driving even if he was found to have committed a crime, and the Defendant was also punished prior to the instant crime, and thus, selected imprisonment with prison labor.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.

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