(영문) 수원지방법원 안양지원 2014.10.23 2013고단1523

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크기(pt)

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자간(%)

(영문) 수원지방법원 안양지원 2014.10.23 2013고단1523

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

On September 21, 2013, at around 10:08, the Defendant driven the Cirst Motor Vehicle without a driver’s license to the front road of the 1429 Sinyang-gu Mang-gu Mangyeong-gu, Geumcheon-gu, Geumcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the statutes on the register of driver's licenses;

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

1. The Defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has been sentenced to the punishment of more than ten times due to an unlicensed driving. In 2005, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (unlicensed Driving) and was sentenced to a fine of two times due to a unlicensed driving in the last 2013, but the Defendant again was sentenced to a fine of two times due to a unlicensed driving.

However, considering the following circumstances: (a) there is no previous conviction or heavier than the suspended sentence after the previous conviction of the 2005 year; (b) the Defendant appears to have driven for living while failing to obtain a driver’s license due to lack of read and writing ability; (c) the Defendant appears to have been detained for about 50 days and could have been given an opportunity of self-refluence and reflectness while being detained for about 50 days; and (d) the confession of the Defendant.

In addition, on the basis of the sentencing precedent of the same case as that of the prosecutor (one year of imprisonment) and the sentencing conditions shown in the records, the execution of the sentence is suspended by referring to the results of the investigation before the judgment of the probation office, and probation and the order to attend the course is required for the prevention of recidivism.

참조조문

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