logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.06.20 2018고단3271
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2018, around 09:18, the Defendant driven the B Poter Cargo Vehicle from around 4km to around 6km-dong, Incheon Metropolitan City, without obtaining a driver's license from the front of the 6km-dong, the front of the 4km-dong, and the front of the same IC road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. The crime of this case on the grounds of protection and observation and sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable condition against the Defendant, inasmuch as the Defendant driven a cargo vehicle without a driver’s license, the nature of the crime is not weak, and the Defendant has previously been subject to criminal punishment several times for the same crime.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, and did not proceed to the violation of other traffic-related Acts and subordinate statutes in addition to the unauthorized driving, and again did not drive a unauthorized driving.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.

arrow