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(영문) 청주지방법원 제천지원 2015.04.23 2014고단535

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 3, 2014, at around 18:30, the Defendant driven a car in the direction of approximately 8 km to the new third-party road located in the Sindo-Eup in the Sindo-si Do-si at around 18:50 on the same day from the Do near the Maternon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and report on the occurrence of the case;

1. Application of the ledger of driver's licenses and the details of disposition for cancellation thereof;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: One month to one year; and

2. Determination of sentence: Imprisonment with prison labor for 6 months, 2 years of suspended sentence, and 40 hours of study, even though the defendant had been punished several times due to drunk driving and unlicensed driving, the fact that the defendant committed the crime of this case is disadvantageous to the defendant, and that the defendant is led to confession and reflect against the crime of this case, and that the defendant has no criminal record of suspended execution or more within the last 10 years is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.