logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.12.15 2020고단3780
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 24, 2020, at around 07:30, the Defendant driven B truck without obtaining a driver's license in a section of about 50 km from the New IC of the Republic of Korea located in Chungcheongnam-gu Daejeon, Daejeon-gu, Daejeon to the Seocho-gu, Jincheon-gu, Jincheon-do, the early middle west 1215, Jincheon-gu, the right side of the Highway.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses, such as statutory statements, occurrence and arrest of the accused;

1. Relevant legal provisions concerning the facts of crime and reasons for sentencing under Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Scope of punishment by law: Imprisonment with prison labor for not more than one year;

2. Circumstances unfavorable to the defendant: ① the defendant was sentenced to a summary order of KRW 2 million on May 26, 2016 due to a violation of the Road Traffic Act (unlicensed Driving) and ② was sentenced to a suspended sentence on July 6, 2018 due to a violation of the Road Traffic Act (unlicensed Driving) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), and ③ was sentenced to a suspended sentence of two years on April 10, 2019; ③ was sentenced to a violation of the Road Traffic Act (Unlicensed Driving) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) on April 10, 201, and was sentenced to a suspended sentence of six months on January 10, 202 (not detained). After appeal, the defendant continued to drive without the license of this case on August 24, 2020.

Even if considering the health problems of the accused, it is inevitable to choose imprisonment with prison labor corresponding to repeated crimes.

In this case, the defendant was found to be a non-licensed driving by the police dispatched after receiving a report that he is threatening to drive on an expressway.

Circumstances favorable to the defendant: The crime of this case is recognized.

The defendant is under medical treatment after being diagnosed for brain species.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.

arrow