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(영문) 전주지방법원 2014.08.01 2014고단915
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On May 29, 2014, at around 02:50, the Defendant, without a driver’s license, driven an F.T. car at approximately 100 meters from the 102 Am apartment complex located in the Jinjin-gu, Jinjin-gu, Seoul, to the front of the school located in the same Dong at the 102 Amar apartment complex.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

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 (see the following reasons for sentencing)

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that even though the defendant had been already punished twice for the same crime, he/she again leads to the crime of this case, the nature of the crime and the crime of this case are not somewhat weak.

However, considering the confession of the crime of this case, the defendant reflects his mistake, the circumstances leading to the crime of this case and the criminal records exceeding the fine due to the same kind of crime, etc., the execution of imprisonment shall be suspended, and community service and lecture attendance order shall be additionally determined.

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