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(영문) 춘천지방법원 2014.07.24 2014고단455
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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

[criminal power] On January 29, 2008, the Defendant received a summary order of KRW 2 million for the crime of violation of the Road Traffic Act from the Chuncheon District Court, a summary order of KRW 1.5 million for the same crime in the same court on March 16, 2010, and a summary order of KRW 5 million for the same crime in the same court on June 25, 2013, respectively.

【Criminal Facts】

On May 12, 2014, at around 11:07, the Defendant driven an Efrane vehicle without obtaining a driver's license from around 2 km section from the front road of the Defendant's house located in Chuncheon-si C to the front road of D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is that the defendant has three times the same criminal records and expressed his intention of reflect, and the vehicle scrapping and showing his intent to prevent recidivism. In light of these circumstances, the punishment as the order shall be determined by taking into consideration the various circumstances shown in the proceedings of the instant case including the defendant’s character and behavior, the environment, and the like.

It is so decided as per Disposition for the above reasons.

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