logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2015.09.24 2015고단973
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 17:48 on June 15, 2015, the Defendant, without obtaining a driver's license, driven Bran-do car on the front road of the Kuyang-dong District Court within the same Gu Hoyang-dong new engineer distance in front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report;

1. The ledger of driver's licenses on the accused;

1. Application of Acts and subordinate statutes concerning the case

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the probation, community service order, and order to attend a lecture in 2005 and the sentence of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicle) and the Road Traffic Act, etc., three times until 2009, and the previous conviction of a drinking driving fine including the previous conviction of 2014 has also been four times.

In addition, on June 21, 2012, the Defendant was sentenced to imprisonment with prison labor for two years in the Incheon District Court for fraud, etc., for three years, and probation.

Nevertheless, the Defendant caused an accident while driving a motor vehicle without a license and caused an accident, and the crime of driving without a license of this case was discovered, and the nature of the crime is bad.

In addition, considering the fact that the defendant seems to have committed the instant crime without any particular criminal liability, it is necessary to punish him/her accordingly.

However, it seems that the defendant's driver's car is covered by a comprehensive insurance policy, the defendant's confession from the investigation stage to commit the crime, and the defendant's mistake appears to repent of his own mistake, and the defendant is maintaining a social ties by living together with his female living together with his children and attending a certain place of work, and the defendant's act is August 15, 2015.

arrow