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(영문) 춘천지방법원 강릉지원 2017.04.26 2017고단152
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence 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 6, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 09:02, driven a driver’s vehicle from front of the Yung-dong red-dong parking lot to the same city of resignation, from approximately 4 km section of the same city to the front road of the Yung-dong Dental University, to the Fgallon’s possession.

Summary of Evidence

1. Statement by the defendant in court;

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

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 suspended sentence of the Criminal Act (the conditions favorable to the following sentencing grounds), which reflects the reason for sentencing, there is no previous conviction of qualification suspension or more severe punishment, Defendant’s family environment and support relationship, etc. However, the Defendant has the ability to drive drinking three times, and the Defendant has been subject to a fine on the ground that the Defendant was in a public official position at the time of the third anniversary of September 2016, even though he had been subject to an exceptional preference of the fine on the ground that the Defendant was in a public official position, it is inevitable to severely punish the Defendant by failing to dispose of the vehicle, in light of the following facts: (a) the Defendant was not in possession for six months; and (b) the Defendant’s status was deprived of his public official status.

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