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Reasons
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(영문) 춘천지방법원 2018.10.11 2018고단770
도로교통법위반(무면허운전)
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2018, the Defendant driven a car for Cschtonton without a vehicle driver's license in a section of about 8 km-ro 196-4 (196 km-ro) from the front of his house located in Hongcheon-gun, Hongcheon-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes to arrest and report the occurrence of the case, to the ledger of driver's license, and to the enemy inquiry;

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 suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Education are the following: (a) the Defendant has been punished by a fine on two occasions as a result of driving under drinking or refusing to measure drinking; and (b) the Defendant has been punished by imprisonment for six months due to driving under drinking or non-licenseing under the influence of alcohol in 2015; and (c) even if there was a criminal record of being punished for one year of suspended sentence, he/she has also been

However, the fact that the defendant has shown the attitude that the defendant recognized his crime and reflected, and that it seems that there was no additional damage to others due to driving without a license, etc. are favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and circumstances after the crime.

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