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(영문) 춘천지방법원 2015.12.17 2015고단1048

도로교통법위반(무면허운전)

Text

1. The defendant shall be punished by imprisonment for six months;

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

3.

Reasons

Punishment of the crime

On September 26, 2015, the Defendant, without obtaining a driver’s license on September 26, 2015, driven B rocketing car from approximately 100 meters from the front of the branch office of the Korea Electric Power Corporation located in Chuncheon-si to the front of the large-scale construction works located in the same area.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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 favorable circumstances in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture lies in the defendant seven-timeless licenseless driving, and in particular, on November 27, 2014, this court was sentenced to six months of imprisonment and one year of suspended execution on December 5, 2014, and the judgment became final and conclusive on December 5, 2014 (the sentence becomes null and void after receiving general amnesty on August 15, 2015). Thus, since the defendant committed the crime of unlicensed driving of this case, the defendant should be punished strictly.

However, the defendant will take the action of suspension of execution once only once, taking into account some favorable circumstances, such as the fact that the defendant is disabled and reflects the crime.