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(영문) 의정부지방법원 고양지원 2016.03.30 2015고단2462
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 12, 2013, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a violation of road traffic laws (unlicensed driving) at the Goyang Branch of the District Court on March 12, 2013, and the said judgment became final and conclusive on December 20, 2013.

On September 5, 2015, around 14:56, the Defendant driven CK5 cars without obtaining a driver’s license from around 300 meters from the road front of 574-7, Seo-gu, Seogsan, Seo-gu, Seosan, Seo-gu, Busan to the road front the IC of the same Dong from around 300 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected violation of the Traffic Act (unlicensed driving) on the road;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A), investigation status (a) and Acts and subordinate statutes attached to the said judgment);

1. There are extenuating circumstances that the Defendant appears to be against the reason for sentencing of Article 152 Subparag. 1 and Article 43 (Selection of Imprisonment) of the Act on the Election of Road and the Selection of Punishment for the Crime, and that it is the most important for the elderly to gather and live together.

However, from around 2002, the defendant was sentenced to six times a fine due to non-licensed driving or non-licensed driving from around 2002, and was sentenced to a suspended sentence like the record of the crime in the judgment. In addition to the record of the crime, the defendant was punished for driving under drinking or non-licensed driving

Nevertheless, it was caused to commit the instant crime by using the same vehicle.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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