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(영문) 춘천지방법원 강릉지원 2016.04.08 2016고단88
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 January 22, 2016, the Defendant driven the Csch Rexton car without the driver’s license in approximately 3 km section from the front side of the Hanung-si to the luxon road located in the Gangseo-si, Gangnam-si, Gangnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to arrest and report any suspected violation of road traffic Acts and subordinate statutes;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the fact that the crime was committed in the same kind of crime with the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc., even though there had been nine times of punishment (eight times of punishment, three times of suspended execution, one time of suspended execution), the necessity to impose a sentence is also observed, but it is not necessary to repeat the crime while disposing of the vehicle quantity in the family after the instant crime.

The defendant's family members are also making efforts to prevent recidivism, and considering the support relationship of the defendant, etc., the defendant's punishment against the defendant is determined as ordered.

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