(영문) 수원지방법원 안양지원 2019.07.24 2019고단724

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(영문) 수원지방법원 안양지원 2019.07.24 2019고단724

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for 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

At around 00:30 on March 17, 2019, the Defendant driven a DSS5 car without a driver’s license from around 2 km section from the front side of the “Yananan-gu B market in the Manan-gu, Mayang-gu, the Manan-gu, the Gyeonggi-do, to the front side of the “Yan-gu, the Manan-gu, the Man

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Application of Acts and subordinate statutes concerning driver's license 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 on probation and lecture attendance order;

1. Scope of applicable sentences under law: One month to one year; or

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;

The defendant not only had the record of being sentenced three times or a fine due to driving without a license, but also has not been long since the last punishment due to driving without a license, and also committed the crime of this case. In light of the past record, compliance consciousness is weak and the possibility of recidivism seems to be high.

The favorable circumstances: The defendant seems to have the attitude of recognizing and opposing the wrongness.

At the same time, there was no accident due to the driving of the defendant.

There is no history that the defendant has been punished beyond a fine.

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