(영문) 수원지방법원 안양지원 2014.03.11 2013고단997

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(영문) 수원지방법원 안양지원 2014.03.11 2013고단997

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four 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

On July 14, 2013, at around 16:17, the Defendant driven B cargo vehicle without a driver’s license, even around the front of the Gyeongcheon-dong Park Park, a large park in front of the Gyeongcheon-do.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the statutes on the register of driver's licenses;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had a record of being sentenced to a fine of KRW 1 million for the same crime on September 21, 201, and was sentenced to a fine of KRW 1,500,000 for the same crime in the same court on September 21, 201, and that the Defendant again committed the instant crime on November 3, 2010, even though he/she had a record of being sentenced to a fine of KRW 1,00,000 for the same crime from the Chuncheon District Court on the same date.

However, it is reasonable to take into account the favorable circumstances, such as the fact that the defendant led to a crime, and the fact that the defendant appears to have been treated with the diagnosis of the above cancer.

In this context, based on the sentencing precedents of the same kind of case, comprehensively considering the defendant's age, character and conduct, environment, means and result of the crime, the circumstances after the crime, and all the sentencing conditions indicated in the arguments and records of the case, the execution of the sentence shall be suspended on the condition of taking lectures.

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