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(영문) 수원지방법원 2017.09.19 2017고단4268
도로교통법위반(무면허운전)
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2017, the Defendant driven a BN city car without obtaining a driver's license from the front side of the wallsan apartment road, which was 39 m 165 mp, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Seoul, to the front side of the 395 mp, which was about 5.5 km from the front side of the 39m mp, Suwon-si, Suwon-si, Suwon-si, Seoul, to the front side of the 395 mp road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[ favorable circumstances] The Defendant: (a) led to the confession of the instant crime and recognized his mistake; (b) the Defendant did not cause other damage, such as traffic accidents; and (c) the Defendant’s driver’s license was revoked on January 4, 2017.

[Unfavorable Circumstances] The crime of this case is a case where the defendant drives a vehicle without a driver's license and the quality of the crime is not good, and the defendant has been punished four times due to the same kind of traffic crime in violation of the Road Traffic Act (unlicensed Driving) and the Road Traffic Act (driving). [The records of punishment three times due to the violation of the Road Traffic Act (Unlicensed Driving) before 2009 are considered as favorable circumstances to the defendant.]

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