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(영문) 춘천지방법원 영월지원 2017.11.14 2017고단383
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 09:30 on July 14, 2017, driven a CM5 vehicle without obtaining a driver’s license from the Jin-gun Hospital located in the Jin-gun of Gangwon-si to the Kin-gun Hospital located in 727, the from the Kin-gun Hospital located in the Seowon-gun of Gangwon-si, to the Kin-gun Hospital located in the 727-ro, Seowon-si, Gangwon-si, Seoul-si, and driven the CM5 vehicle without obtaining a driver’s license from a section of about 100km in the 100km of the Kin-si, Nowon-si, the Hanwon-gu, Seoul-gu, Seoul-do, and around 11:25 on July 15, 2017, the Defendant was driving the said vehicle without obtaining a driver’s license from a section of approximately 100km-distance on the roads from the Jin-si’s parking lot to the 42-distance road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license, and field photographs;

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

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the unfavorable circumstances such as the protection observation and attendance order under Article 62-2 of the Criminal Act and the fact that the defendant had a record of being punished for the same kind of crime, the defendant recognized and reflects the crime of this case, favorable circumstances such as the fact that the defendant has no record of being punished in excess of the fine due to the same kind of crime, and other various conditions of sentencing indicated in the record, such as the defendant's age, sex behavior, environment, and circumstances after the crime, the same sentence as

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