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(영문) 전주지방법원 2014.02.19 2013고단2227
도로교통법위반(무면허운전)
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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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a deaf-mute in the first degree of hearing disability.

[2013No. 2227] On September 28, 2013, the Defendant driven a gallon II without obtaining a driver’s license in the section of about 30 km from the front road of the Defendant’s mother D’s mother located in Yancheon-gu, Seoul to the front road of the 11:34, on the same day from September 28, 2013.

[2014 Highest 11] On November 3, 2013, the Defendant driven a motor vehicle with gallon in the section of about 15 km from the front of the cross-city bus terminal located in the new Sinan-gun, Sinsan-gun, Sinsan-gun, Sinnam-si to the front of the Jin-si apartment.

Summary of Evidence

[2013 Highest 227]

1. Defendant's legal statement;

1. The ledger of driver's license for automobiles (2014 high-level 11);

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of the ledger for automobile driving;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Criminal Act has committed several identical crimes, but the nature and circumstances of the crime in this case are not that of the defendant.

However, the defendant is deaf-mutes, and the defendant is unable to communicate with other persons except his/her spouse because he/she was unable to read or use his/her writing, and he/she was unable to learn with other persons except his/her spouse because he/she was unable to do so, taking into account the same point, etc.

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