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(영문) 춘천지방법원 강릉지원 2016.05.04 2016고단202

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 27, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle from around 14:25, the Defendant driven a B-type truck from around 2.5 km to the front road of the East Sea, located in the mountain of the same Eup/Myeon from 1st half of 1, 1, 1, 1, 1, 1, 1, 1, 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of any violation of the Traffic Act (non-licenseed driving);

1. Each photograph;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. Article 62-2 of the Criminal Act on the observation and observation of protection, Article 59 of the Act on the Observation, etc. of Protection, and Article 69 of the Act on the Grounds for Sentencing, even though several penalties have already been imposed due to driving without a license, the necessity of strict punishment is also observed for recidivism.

However, the execution of a sentence shall be suspended on the condition that there is no criminal record of suspension of qualifications or more severe punishment, the support of the defendant, etc. should be considered, and the defendant should not repeat again and should be protected and observed only once.