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(영문) 춘천지방법원 2020.04.08 2019고단1063
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

around 19:30 on August 24, 2019, the Defendant driven a D-cr cruise car from the front of the “C” road located in Chuncheon City B without obtaining a driver’s license to the front of the “An annual salary police first” road located in Hongcheon-gun, Hongcheon-gun, 1506.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on field photographs of non-licensed driving;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was subject to criminal punishment on three occasions due to driving without a license around 2016 and around 2017, but the Defendant committed the instant crime of driving without a license in the section up to 33 km in time, and the offense is not good, and the Defendant has a criminal record related to driving without a license.

However, the defendant's mistake is divided and again is expected not to drive without a license, and traffic accidents occur due to the crime of this case, there is no record of criminal punishment exceeding a fine, and other factors of punishment as ordered, such as the defendant's age, character and conduct, intelligence and environment, family relationship, circumstance at the time of the crime, etc., shall be determined by taking into account the various factors of punishment as shown in the trial of this case, such as the defendant's age, character and behavior, intelligence and environment, family

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