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(영문) 춘천지방법원 강릉지원 2018.11.15 2018고단704
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

[criminal history] On July 12, 2018, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution as a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court, and the said judgment became final and conclusive on July 20, 2018.

[2] On July 3, 2018, the Defendant run a e-mail vehicle B at a section of about 3 km from the road near the Red Cross Center located in the Gangseo-si, Gangnam-si without obtaining a driver's license for a motor vehicle on July 3, 2018 to the road near the Highway Yung-si, which is located in the above village of the Dong-si, the Defendant driven a e-mail vehicle B.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a suspect in violation of traffic laws on roads;

1. The driver's license ledger;

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of such previous convictions, etc.);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The sentencing of Article 62-2 of the Criminal Act is based on the following circumstances: the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the records, including the criminal defendant’s age, sex, circumstances before and after the commission of the crime, etc. as ordered.

The circumstances that are disadvantageous: The fact that a person has been punished several times due to drinking or non-licensed driving, and that the person committed the instant crime while being tried due to drinking, which is not good for the crime: the principle of equity with the case of being tried at the same time as the crime of violation of Road Traffic Act (driving of Drinking) which has become final and conclusive by the judgment.

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