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(영문) 창원지방법원마산지원 2020.10.27 2020고단689
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 June 15, 2020, at around 16:20, the Defendant driven Bone Star truck without obtaining a driver's license from the front side of the Busan University Hospital located in 179, Seo-gu, Seo-gu, Busan, Seo-gu, Busan, to the point of about 135 km away from the Jin-gu, Jin-gu, Jin-si, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of applicable sentences under law: One month to one year;

2. Not applying the sentencing criteria: Non-establishment of the sentencing criteria;

3. Opinions of prosecutor: One year; and

4. The Defendant, who was sentenced, driven a motor vehicle with no license.

There are three times (2006, 2008, and 2017) fines due to driving without a license.In the process of regulating the designated lane on the expressway, the unlicensed driving was discovered.

However, the driver did not cause a traffic accident while driving.

There is no other penalty power than the above previous offense.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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