(영문) 수원지방법원 여주지원 2016.09.23 2016고단764

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(영문) 수원지방법원 여주지원 2016.09.23 2016고단764

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2016, the Defendant was sentenced to 6 months of imprisonment with labor for a violation of the Road Traffic Act (unlicensed Driving) and 2 years of suspended execution, and is currently pending trial and has reached five times in total.

On June 15, 2016, at around 16:55, the Defendant driven B Poter truck from around 200 meters to the front road of the entrance of the city, regardless of the head of the city, which is located in Ison-si, with no driver’s license, from the front road of the city, to the front road of the Jinjin-dong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to a driver's license;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Act, Articles 32 and 59 of the Act on the Protection, Observation, etc. of Social Service Order have the record of being punished several times for the same crime, and thus, the defendant committed the crime of this case, and the defendant is under trial again, and the crime of this case is committed against himself/herself, and the execution of imprisonment is suspended in consideration of the favorable circumstances such as the defendant's simple non-licensed driving, and other favorable circumstances such as the defendant's age, family environment, and motive for committing the crime, etc., and the execution of imprisonment is to be added to protective observation and community service order to prevent recidivism. It is so decided as per Disposition.

참조조문

-형법 제62조 제1항

-형법 제62조의2

유사 판례

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