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(영문) 전주지방법원 2018.04.03 2017고단2117
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 19, 2017, the Defendant, without a driver’s license, driven a car from around 2 km to the front road of the Hodong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, and from around 1399 to the front road of the Hochi industry located in the same unit as the front road of the Dong-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected violation of traffic laws (unlicensed driving) on the road;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant had been punished for the same kind of crime several times, but was engaged in driving without a license.

However, in consideration of the fact that the defendant is against his mistake, the fact that the defendant is a mere unauthorized driver, and all other circumstances, the punishment shall be determined as per the order.

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