(영문) 춘천지방법원 원주지원 2017.04.13 2017고단39

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(영문) 춘천지방법원 원주지원 2017.04.13 2017고단39

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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 December 15, 2016, at around 10:00, the Defendant driven C Poter Cargo Truck without obtaining a driver’s license from around 20 km section from around 257 km away from the temporary residential area located in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Seoul direction of the Gyeong-do Highway to around 257 km (in the vicinity of the Chungcheongnambuk-gun Office).

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the situation report on driving without licenses and driver's license;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. In light of the fact that the defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation, was subject to criminal punishment on two occasions each time, for the crime of violating the Road Traffic Act, including the criminal punishment for driving under drinking and driving without a driver’s license, the defendant is deemed to have been engaged in driving at any time even though he did not have obtained a driver’s license, and the case is not easy.

However, the execution of punishment shall be suspended for a certain period of time in light of the circumstances, such as not causing the occurrence of traffic accidents, but there is no record of criminal punishment exceeding the fine, and the protection and observation shall be issued to prevent recidivism.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

참조조문

-형법 제62조 제1항

-형법 제62조의2

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