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(영문) 춘천지방법원 강릉지원 2016.08.19 2016고단866

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Before the latter part of Article 37 of the Criminal Code] On June 15, 2016, the Defendant was sentenced to imprisonment for eight months due to a violation of road traffic law (dacting driving) at the Gangnam Branch of the Chuncheon District Court, and the judgment became final and conclusive on the 23th of the same month.

[Criminal facts] On June 5, 2016, the Defendant driven B E-car without obtaining a driver’s license on a section of about 3 km from the front of the horizontal market in the North Dong-dong in the East Sea to the front of the Dong-dong in the same Dong-dong in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (the distance between the crimes of violating the Road Traffic Act as stated in the judgment, and the crimes of violating the Road Traffic Act as stated in the judgment, and the punishment shall not be mitigated or exempted);

1. Article 62 (1) of the Criminal Act on the stay of execution (the principle of equity in cases where a person has been tried concurrently with a crime of violating traffic laws on roads as stated in a final judgment);