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(영문) 대전지방법원 천안지원 2015.08.24 2015고단606
도로교통법위반(무면허운전)등
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

(b) Article 148 (1) 1, Article 44 (1), Article 2 subparagraph 21 (a) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Punishment provided for in Articles 40 and 50 of each Criminal Act for each ordinary concurrent crime (any punishment provided for in Articles 40 and 50 of the Road Traffic Act for each violation of the Road Traffic Act, any violation of the Road Traffic Act, any violation of the Guarantee of Automobile Accident Compensation Act and any violation of the Road Traffic Act, of which punishment is the largest, and any punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C, of which punishment is the heavier;

1. former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes (the punishment shall be increased by the penalty determined for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment, but the lower limit shall be the violation of the Road Traffic Act);

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( considered as follows)

1. Reasons for sentencing under Article 62-2 of the Criminal Act * The reason for sentencing under Article 62-2 of the Order to Attend Education * The sentencing guidelines may not be applied directly (or commercial competition relationship, concurrent crimes with those not set out in the sentencing guidelines), and the sentencing guidelines for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents are referred only to the lower limit (or the decision of a type) [Special Sentencing] - Where the victim is at considerable negligence due to the occurrence of traffic accidents or the expansion of damage, there is no penalty (including a serious effort for recovery of damage) [the decision of the recommended area] - Special mitigation area [the decision of the recommended area] / Special Mitigation area (the scope of recommendation area] / Despite the records of the same crime of the same sentence sentenced to punishment / In spite of the records of the crime of the same kind sentenced to punishment / June 1 to 6, there is no agreement between the victims and the victims, there

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