(영문) 수원지방법원 2018.04.10 2017고단5867

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(영문) 수원지방법원 2018.04.10 2017고단5867

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 26, 2017, around 15:10, the Defendant driven a vehicle Di30 without obtaining a driver’s license from the front road of Suwon-si, Suwon-si, Suwon-si, to the front road of Suwon-si, to the front road of Suwon-si, and driving a vehicle Di30 without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report and report on the situation of driving without a license;

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

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. The crime of this case on October 8, 2010, on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, was committed by the Defendant on which his driver’s license was revoked on October 8, 2010, and the nature of the crime is not less than that of the Defendant, and even if the Defendant was punished by a fine since he was found to have driven the instant vehicle on the 2015, which was after his driver’s license was revoked, the Defendant is not likely to be subject to criticism in that he again driving the instant vehicle and resulting in the instant crime

However, the defendant recognized the crime of this case and divided his mistake, there is no record that the defendant has been punished for a stay of execution or more until the date of the suspension of execution, and the defendant seems to have a certain degree of awareness about driving without a license through a short-term prison life due to this case, and other circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the order, taking into account the various circumstances, which are the conditions for sentencing as shown in the records.

참조조문

-형법 제62조 제1항

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