(영문) 대전지방법원 2020.04.17 2019고단2972

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(영문) 대전지방법원 2020.04.17 2019고단2972

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for six months.

However, 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

On July 22, 2019, at around 20:07, the Defendant driven an EM car without obtaining a driving license from a section of approximately 1.6 km from around 20:15 to the front of D located in Daejeon-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, without obtaining a driving license.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A written statement of vehicle operation, a written statement of control, and a criminal investigation report (the distance from driving without a license);

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to photographs of vehicles driven by a suspect;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, since 2006, has been subject to criminal punishment of a fine for unlicensed driving on seven occasions at all times without permission, and in particular, the fact that the defendant has been issued a summary order of a fine of three million won due to unlicensed driving in 2018, and that the defendant continuously repeats the same kind of crime, and thus the choice of a fine is no longer possible, and that the choice of imprisonment is inevitable, etc. is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects his mistake in depth, that the defendant re-acquisitioned the driver's license in March 2020, and that the defendant's health conditions are not good separately, such as the defendant's seat after the kidrative surgery, are favorable to the defendant.

In addition, the sentencing factors shown in the trial process, such as the age, character and conduct, environment, occupation, family relationship, etc. of a defendant, shall be determined as per the order, comprehensively taking into account all the factors of sentencing.

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