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(영문) 전주지방법원 2014.10.08 2014고단1180

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 of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On May 27, 2014, the Defendant was sentenced to a suspended sentence of one year at the Jeonju District Court to imprisonment with prison labor for the crime of larceny at night, and the said judgment became final and conclusive on June 4, 2014.

【Criminal Facts】

On May 11, 2014, at around 10:20, the Defendant driven a D-wing truck without a driver's license on the road before the entrance of the 88 Highway, which is located in Namwon-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports (related to attachment of written judgments) including criminal records, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act of community service and lecture attendance order, despite the fact that the defendant had been punished four times due to driving without a license and two times due to drinking driving, the circumstances and the nature of the crime of this case are very high, but the defendant confessions and reflects the crime of this case, the circumstances leading up to the crime of this case, the circumstances leading up to the crime of this case, there was no criminal conviction exceeding the fine due to the same kind of crime, the defendant's family environment and the fact that the defendant sells the vehicle of this case by mistake that he will not drive without a license, etc., the sentence like the order shall be determined by taking into account the sentencing data mentioned in the