(영문) 전주지방법원 남원지원 2018.11.27 2018고단218

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(영문) 전주지방법원 남원지원 2018.11.27 2018고단218

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 19, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for interference with general traffic in the branch of the Southern District Court of the Jeonju on December 19, 2017, and the judgment became final and conclusive on December 27, 2017, and is currently under the suspended sentence.

On September 1, 2018, at around 08:30, the Defendant driven C cargo vehicles without obtaining a driver’s license from approximately 4 km section from the front of the Defendant’s house located in the Southern-si B to the direction of the Chuncheon-ro 530 in the same city direction.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (report on a criminal suspect's previous conviction and confirmation);

1. The grounds for sentencing under Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts and Articles 152 Subparag. 1 and 43 (Selection of Imprisonment) of the Act on the Direction of Road Traffic continue to drive a motor vehicle even though the Defendant had never acquired a driver’s license. Accordingly, prior to the instant crime, the Defendant had had been subject to six times or more due to a driver’s license without permission.

In addition, the defendant committed the crime of this case without being able to do so even though he had been under suspension of execution, such as the first head of the crime in the judgment.

In light of these circumstances, punishment by sentence is inevitable.

However, under the circumstances favorable to the defendant, the fact that the defendant was aware of and against his criminal act, that the defendant is a person with a disability of class 4, that the defendant did not drive in the future, and that the cargo vehicle in the decision was scrapped in the future, shall be considered as the circumstances favorable to the defendant, and the punishment shall be determined as per the order, taking into account all the factors of sentencing specified in

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