logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.05.24 2017고단727
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 14, 2017, at around 07:45, the Defendant driven B Poter Cargo Vehicles without obtaining a driver’s license from 30 km-ro, Seodaemun-gu, Seoul, Seoul, to the front apartment of the Kimpo-si, Kimpo-si, about 30 km-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, mandatory insurance inquiry, and the motor vehicle registration ledger;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The same sentence as the order shall be determined by comprehensively taking into account the following circumstances: the defendant’s age, occupation, sex, family relation, living environment, developments leading to the crime, circumstances after the crime, etc. under the reason of sentencing under Article 62-2 of the Social Service Order Act, and the conditions of sentencing indicated in the records.

- On March 10, 2016, the Defendant, while driving without a license on March 10, 2016, driving a fine of KRW 1.5 million, a fine of KRW 1.5 million on August 1, 2016, and driving without a license on December 23, 2016, issued a summary order of KRW 3 million without a license on December 23, 2016, and was under control as a non-license without a license.

As such, the defendant is deemed to lack compliance awareness and is highly likely to repeat the crime.

- However, the defendant seems to recognize and reflect his mistake.

- Taking into account the fact that the minor's children are supported by alone and are expected to drive the minor for livelihood.

arrow