(영문) 춘천지방법원 2019.01.17 2018고단1260

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(영문) 춘천지방법원 2019.01.17 2018고단1260

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for four months.

except that 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

1. On October 4, 2018, at around 06:45, the Defendant driven a vehicle from around 10:30,000, to around 214 km-gun, Nam-gu, Incheon, Nam-gu, Incheon, without obtaining a driver’s license. DK52.0 (LPI) car without obtaining a driver’s license.

2. At around 14:00 on the same day, the Defendant driven the said car without obtaining a driver’s license from approximately 4 km section from the front side of the Gangwon-gun, Gangwon-do, Gangwon-do, from around 14:15 on the same day to the unspering and driving distance on the screen page of the Gangwon-do, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to reports on traffic accidents, investigation reports (report on the submission of vehicle lease agreements), the ledger of driver's licenses for motor vehicles, and car rental;

1. Relevant Article of the Act on the Crime and the Selection of Punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the Selection of Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant is disadvantageous to the Defendant, even though he/she had a criminal record of being punished by a fine on three occasions or more in 2005, in spite of the fact that he/she was driving without obtaining a license, and causes a traffic accident.

However, since 2006, the fact that the defendant had no record of being punished for unlicensed driving, drunk driving, and traffic-related crimes are favorable to the defendant.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

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