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(영문) 춘천지방법원 2019.06.20 2019고단333
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 20, 2019, at around 11:00 on the roads located in Yangwon-gun B, Gangnam-gu, Seoul, and around 13:00 on the same day, the Defendant driven the cwing-III truck without obtaining a driver's license in the section of about 150km from the 13:00 on the same day to the 499-dong, Chungcheongnam-gu, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The rationale for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. seems to have shown the defendant's attitude to reflect his/her criminal act, and the fact that other additional damage has not occurred is favorable to the defendant.

However, even though the defendant was punished by a fine due to driving without a license in 2016 and 2017, the fact that he/she had been sentenced to a fine due to driving without a license in 2016 and 2017, and that he/she has the criminal records punished by a fine due to a drinking

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

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