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(영문) 전주지방법원 2014.08.01 2014고단908
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 of the final judgment.

Reasons

Punishment of the crime

On May 17, 2014, at around 13:10 on May 17, 2014, the Defendant, without a driver’s license for a motor vehicle, driven a C-Scar car with approximately 15 km from the Sincheon-gun, Jincheon-gun, Jincheon-gun, Seocho-do, to the upper parallel line 279.4km on the B-Scar Highway.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of investigation reports (verification of driving distance of a suspect) Acts and subordinate statutes;

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. In light of the fact that the reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order has had the record of punishment for the same kind of crime such as drinking driving two times and one-time licenseless driving, etc., if the defendant again led to the crime of this case, the punishment like the order shall be determined by taking into consideration the sentencing data indicated in the records of this case, such as the fact that the defendant led to the confession and seriously reflect on the crime of this case, that the defendant does not have any criminal record exceeding the fine due to the same kind of crime, that the defendant does not have any criminal record more than the fine due to the same crime, and that the defendant sells the vehicle to the defendant again without a license.

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