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(영문) 전주지방법원 2019.01.08 2018고단1939
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 August 23, 2018, at around 12:15, the Defendant, without obtaining a driver’s license for a motor vehicle, driven the E-Pob 2 truck from approximately 15km section from the Defendant’s dwelling to the front road of the D-Pob Station C located in the G-gun of North Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on actual condition (i) Sheet;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of the hostile 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and the order to provide community service and attend lectures was that the Defendant had been punished for the same kind of crime in the last three times, and the Defendant was engaged in driving without obtaining a license.

However, in consideration of all the sentencing factors, such as the fact that the defendant is expected not to repeat a crime while cancelling the registration of a vehicle, and the fact that the person is a simple driver without a license, the punishment as ordered shall be determined.

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