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(영문) 의정부지방법원 2017.08.09 2017고단1755
도로교통법위반(무면허운전)
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A defendant shall be punished by imprisonment with prison labor for four 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 October 18, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (unlicensed Driving) by the Chuncheon District Court.

On April 8, 2017, at around 11:00, the Defendant driven the F body last car without obtaining a driver’s license from approximately 9km section from the front of the public playground located in the Bupyeong-gu, Bupyeong-gu, Seoul Special Metropolitan City, to the front of the hostile inspection station located in about 431 in the letter-ro, Chuncheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A driver's license inquiry;

1. A criminal investigation report (checking the driving distance);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of power, etc.);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures, has been sentenced to a fine due to drinking alcohol first since being sentenced to a summary order in 2014, and has been under the influence of drinking or non-licensed driving. Both of them were issued a summary order, but all of them again committed the instant crime. It is difficult to readily punish the Defendant due to a fine.

However, the defendant is not subject to criminal punishment heavier than suspended sentence, and is also seriously against the present situation.

Other punishment shall be determined as per the order, in consideration of the defendant's age, sex, attitude before and after the crime, etc.

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