(영문) 수원지방법원 안양지원 2015.10.15 2015고단1209

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(영문) 수원지방법원 안양지원 2015.10.15 2015고단1209

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 16, 2015, the Defendant, at around 18:40 on July 16, 2015, driven a car free of vehicle driving on the front of the new school.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. On March 25, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of drinking without a license at the Suwon District Court on March 25, 2015, and the judgment became final and conclusive on April 2, 2015, and has committed the instant crime of driving without a license, and the nature of the relevant crime is bad.

In addition, considering the fact that the defendant had been sentenced to a suspended sentence, including the above criminal records, three times, and that the defendant was sentenced to a fine of KRW 6 million due to the crime resulting from the crime resulting from the risk of drunk driving in 2013, a fine of KRW 1 million due to the crime without a license in 2014 and the defendant was sentenced to a suspended sentence for the same crime in 2015, respectively, from the recent 2013 to the 2015, it is necessary to impose a corresponding punishment, so long as it is in the period of the suspended sentence, imprisonment is selected and sentenced.

However, a favorable circumstance should be taken into account, such as the fact that the defendant led to the crime from the investigation stage, that the defendant's attempt to repent of the wrong fact while seeking the wife "it is necessary to continue the business and there is a family member who is being supported by him/her," and that the defendant seems to have disposed of the car as indicated in the judgment.

In addition, it is also considered that the suspended imprisonment should be imposed upon the invalidation of the above suspended sentence.

In this regard, the arguments and records of this case are based on the sentencing precedents of the same kind of case with the prosecutor's imprisonment (10 months of imprisonment) such as the defendant's age, the motive and means of committing the crime, and the circumstances after committing the crime.

참조조문

-도로교통법 제43조

-도로교통법 제152조 제1호

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