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(영문) 춘천지방법원 2016.10.20 2016고단772
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2016, at around 18:45, the Defendant driven C Poter truck without obtaining a driver's license from the front side of the entrance of the original warehouse located in Chuncheon-si, Gyeongcheon-si, to the front side of the two apartment located in 317 km-ro, 317-gil.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

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

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing under the following) is that the defendant committed the instant crime without any reflective force despite having already been punished three times for the same crime; the defendant has no record of being subject to suspension of qualification or heavier punishment; and the defendant has no record of being subject to other criminal punishment; the defendant’s age, character and conduct, environment, background, means and consequence of the crime; and other circumstances constituting the conditions for sentencing, including the circumstances after the crime, shall be determined as ordered.

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