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(영문) 전주지방법원 2014.07.04 2014고단371
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 February 27, 2014, around 15:47, the Defendant driven a B X-ray car without obtaining a driving license at a distance of about 400 meters from the front day of the restaurant in the name of Jinjin-gu, Seoul Special Metropolitan City to the front day of the Jinjin-gu, Seoul Special Metropolitan City from the front day of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the driving license ledger;

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 defendant for the reason of sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order had a record of punishment several times for the same crime, the crime of this case is not considered to be light of the nature and crime of this case.

However, the defendant confessions the crime of this case and reflects his mistake, there is no previous conviction exceeding a fine due to the same kind of crime, and the sentencing materials indicated in the records of this case, such as the circumstances leading to the crime of this case, shall be equally considered and the execution of imprisonment is suspended and community service and lecture order shall be added to the order of this case.

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