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(영문) 청주지방법원 제천지원 2015.05.28 2015고단66
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2015, around 15:10, the Defendant driven C Poter freight without obtaining a driver's license at approximately 10 km section from the volcanic Dom-dong to the end of the road in front of the Sungyang-gun, Chungcheongnamyang-gun, Chungcheongnamyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of control;

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

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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 Social Service Order Criminal Act is not only that the defendant has been punished several times due to driving without a license, but also that the defendant committed the instant crime despite the previous conviction due to the suspension of execution. The circumstances favorable to the defendant are that the defendant led to confession of the instant crime and reflects the instant crime.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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