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(영문) 춘천지방법원 2018.08.16 2017고단1286
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

Despite the revocation of a driver’s license from around June 7, 2006, the Defendant driven a B knife vehicle without obtaining a driver’s license from around 15:00 on August 12, 2017 to around 1.2 km of the history distance from the front day of the station station located in 73 as the Dongjak-gu Seoul Metropolitan Government, Seoul to the front day of the station located in 2082-27 in the south-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, a written statement on the operation of a vehicle, details of revocation of a driver's license, the ledger of driver's licenses, and the application of statutes of the next

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant is that the Defendant was punished by a fine by driving five times or more since the revocation of the driver’s license in 2006. In particular, the Defendant, while under the influence of alcohol in January 2017, who was sentenced to a fine of five million won in Seoul Southern District Court, was under the influence of alcohol and was sentenced to a fine of five million won in Seoul Southern District Court, but the Defendant was under the influence of liquor in January 201, was disadvantageous to the Defendant.

However, the fact that the defendant seems to have been aware of his criminal act, and that there is no record of criminal punishment of imprisonment or more severe punishment, etc. are favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and circumstances after the crime.

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