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(영문) 광주지방법원 2014.12.18 2014고단4060
도로교통법위반(무면허운전)등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 14, 2014, the Defendant driving B 2 km at a section of about 2 km up to the roads leading to the failure to drive in the Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, without obtaining a driver’s license on October 14, 2014.

2. On October 14, 2014, the Defendant: (a) presented the following: (b) around October 14, 2014, at the police’s legitimate request that the Defendant request the Defendant to produce a driver’s license on the road in Seo-gu, Seo-gu, Gwangju, Seo-gu; and (c) exercised the driver’s license as if the Defendant was the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C (electronic summary form);

1. An inquiry into the driver's license ledger;

1. Application of Acts and subordinate statutes to an investigation report (C's driver's license duplicate);

1. Relevant Article 230 of the Criminal Act, the choice of punishment for the crime, Article 230 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended execution of sentence [Scope of Recommendation] The sentence shall be determined by comprehensively taking into account all kinds of illegal events, such as official documents, and the following factors: (a) the term of punishment shall be suspended, taking into account the following factors: (b) the basic sphere of punishment (illegal events, such as official documents) and the history of traffic crimes, including the defendant's non-licensed driving power, and the fact that the defendant used another person's driver's license to conceal his/her crime; (c) the defendant voluntarily appeared at an investigative agency and presented another person's driver's license; (d) the defendant has no ability to punish more than a fine; and (e) the defendant's age, character and conduct, and environment,

It is so decided as per Disposition for the above reasons.

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