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(영문) 수원지방법원 여주지원 2015.08.26 2015고단661

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 June 15, 2015, at around 08:30, the Defendant driven a B Poter truck without obtaining a driver's license from the Do located in the Jincheon-gun Incheon, Gangwon-do, Jincheon-do, to the second degree of Hongcheon-gun, Hongcheon-gun, and about 20km of the national highways.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on circumstances of driving without a license and an inquiry about driver’s license;

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. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant, who had been punished due to the reason of sentencing and drinking without a license or the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., committed again the same kind of crime, he/she should be sentenced to a severe punishment in light of the reason of sentencing under Article 62-2 of the Criminal Act.

Provided, That the decision shall be made as per Disposition in consideration of the fact that the defendant makes a confession and reflects the crime.