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(영문) 수원지방법원 여주지원 2015.04.07 2014고단994

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 24, 2014, at around 15:57, the Defendant, without obtaining a driver’s license, driven C truck at approximately 1.5 km section from 35 km-ro, 145-gil, Seocheon-si, Seocheon-si, Seocheon-si, to 256 km-ro, the same Eup.

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 Acts concerning the facts constituting an offense and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act choosing the penalty;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are disadvantageous circumstances such as the fact that the defendant has been sentenced to a fine and a suspended sentence of imprisonment for the same kind of crime, even though he/she had the record of being sentenced to a suspended sentence of imprisonment, driving without a license again, and that the defendant is in a profoundly against his/her will during his/her crime, and that he/she supports the minor who needs custody of the minor under the National Basic Living Security Act, and other favorable circumstances such as the defendant's age, family environment, the defendant's economic situation, the motive of the crime, the circumstances after the crime, etc. shall be suspended once again taking into account the defendant's age, family environment, the execution