logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.05.26 2017고단760
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 16:40 on 31, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a motor vehicle with 24 km of approximately 124 km from the front of the adjoining road in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Yongsan-gu, Seoul to the front of the 121-dong apartment road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Inquiry into mandatory insurance and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment for each type of punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant was punished for the same drinking and driving without a license for the reasons of sentencing under Article 62-2 of the Social Service Order Criminal Act four times, and that the crime of this case was committed during the period of suspension of execution due to a non-licenseless driving, the criminal liability for the crime of this case is not somewhat weak.

However, considering the fact that the defendant acknowledges and reflects the crime, the fact that the defendant does not cause a traffic accident, the motive and circumstances of the crime, the circumstances after the crime, health conditions, etc., and the various sentencing conditions shown in the theory of change, the punishment shall be determined as per the order.

arrow