(영문) 청주지방법원 2015.11.24 2015고단1317

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(영문) 청주지방법원 2015.11.24 2015고단1317

도로교통법위반(무면허운전)

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

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

Reasons

Punishment of the crime

On August 4, 2015, around 19:15, the Defendant driven a car at approximately 1 km from the front side of the Jungdong-dong So-gu So-gu So-called So-young apartment to the front side of the same Do-dong Do-dong Do-dong Do-dong to the same Do-dong Do-dong Do-dong Do-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the driving license ledger;

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 Defendant was sentenced to a suspended sentence of two years of imprisonment on January 5, 2012 and was sentenced to a suspended sentence on September 13, 2012, but was sentenced to a fine on September 13, 2012, due to a crime of fraud and violation of the Road Traffic Act (unlicensed driving). However, the Defendant was sentenced to a fine on September 13, 2012.

The defendant again acquired a license after the decision of the suspension of the above execution, and even though the license was revoked due to drinking driving, he was driving the motor vehicle.

Considering the favorable circumstances such as disadvantageous circumstances and mistakes, disposal of vehicles provided for the crime while not repeating the crime, acute organ infections, etc., which are not healthy due to the health of the physically handicapped spouse, support the spouse of the physically handicapped class 4, and the spouse wanting to take a preference, the community service order for probation and long-term hours is likely to be executed in consideration of individual specific circumstances such as the health condition of the subject.

The opportunity to give another opportunity once on the condition of the grace period shall be determined by three years.

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