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(영문) 전주지방법원 정읍지원 2018.11.06 2018고단348
도로교통법위반(무면허운전)
Text

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 21, 2018, at around 18:00, the Defendant driven a ice truck with C, without obtaining a driver’s license, at a section of about 2 km in front of the International Agricultural Organization, Chang Chang-gun, Go Chang-gun, Chang-gun, the North Korean Peninsula, from around 18:0 to around 2km in front of the coast of the same Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Letters;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 are as follows: (a) the Defendant was sentenced to a suspended sentence of one year and six months in 194 due to an unlicensed driving in 194 and a violation of the Act on the Aggravated Punishment of Specific Crimes (Epiking Vehicles); (b) the Defendant was sentenced to a fine of KRW 700,000 due to a non-licensed driving in 200; (c) the Defendant was sentenced to a fine of KRW 5 million due to a non-licensed driving in 2010; and (d) the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Act on the Aggravated Punishment of Specific Crimes (Dangerous and Causing Death prior to the occurrence of danger) and was sentenced to a non-licensed driving for three times or more due to a crime of violation of the same type of crime; and

The Defendant, along with the backshore, was driving a fertilizer in a Myeon, in order to leave the house as soon as possible because the Defendant, together with the backshore, had been driving the fertilizer as soon as possible.

First, there are such circumstances.

Even if it is necessary to communicate with the latter or resolve the problem by other lawful methods, and it is not permissible to permit the first to promptly attempt to commit a crime as in the instant case, and the Defendant’s liability for the crime is somewhat minor on account of the circumstances as alleged by the Defendant.

It is difficult to see it.

However, since the defendant reflects the crime of this case and the defendant has considerable difficulty in understanding and reading elementary schools, he did not obtain the driver's license yet.

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