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(영문) 춘천지방법원 강릉지원 2016.09.23 2016고단912
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2016, at around 14:40, the Defendant driven the B 3 freight cars from the front of the Samsung Electronic Service Center located in the Yecheon-dong in the East Sea to the front of the funeral hall in the East Sea without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to report voluntary accompanying to persons suspected of violating the Traffic Act on the road;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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 of Social Service Order is as follows: (a) after the driver’s license was revoked due to drinking driving on January 2015, the need for strict punishment is also observed in light of the fact that the driver’s license was controlled three times or without a license within a short period of time.

However, he/she does not drive an illegal act against himself/herself and again.

The execution of punishment shall be suspended on condition that imprisonment is selected and community service is provided for a certain period in consideration of the fact that it is being performed, family environment, support relationship, etc.

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