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(영문) 춘천지방법원 2018.10.04 2018고단788
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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

On August 13, 2018, at around 17:00, the Defendant driven a car in the section of approximately 30km from the front side of the “NLLLSSSSSSSSSSSSSYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the situation report on driving without a license, the ledger of driver's licenses for motor vehicles, 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 Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend a lecture is that the Defendant, while driving a license without obtaining a license, has committed an offense committed four times or more and has been punished as a fine, he/she is disadvantageous to the Defendant.

However, the fact that the defendant has shown an attitude that the defendant recognized his crime and reflected, and that there is no criminal history punished by driving without a license since 2006, etc. are favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and circumstances after the crime.

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