(영문) 대구지방법원 김천지원 2018.03.20 2017고단1699

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(영문) 대구지방법원 김천지원 2018.03.20 2017고단1699

도로교통법위반(무면허운전)

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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 23, 2017, at around 22:40, the Defendant driven a C-ho vehicle without obtaining a driver’s license from around about 3 km section from the front of the so-called apartment in the Gu-U.S. Si road to the front of the Gu-U.S. Si road in the Gu-U.S. Si road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on driving without a license;

1. Written statements of D;

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant non-licensed driving crime even during the suspended sentence of imprisonment.

The defendant has a history of criminal punishment twice due to driving without a license.

However, the defendant is deeply against the crime of this case.

Although the Defendant has been sentenced to imprisonment with prison labor due to anless driving crime, the Defendant was sentenced to concurrent punishment with the crime, such as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and there is no record of criminal punishment exceeding the fine on the sole basis of driving without a license.

The defendant is currently under the suspension of the execution of imprisonment with prison labor for two years in total, and when the defendant is sentenced to imprisonment with prison labor for two years in total, the sentence of imprisonment with prison labor for two years in which the execution of the sentence was suspended as above seems to be more severe.

It is hard to say that the defendant does not repeat the crime, and many people, including his/her father and wife, including his/her father and wife, also want that the defendant will not repeat the crime.

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions, including the background of the instant crime, including the Defendant’s age, sex, family relationship, and circumstances after the crime.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

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