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(영문) 청주지방법원 2018.09.12 2018고단1450
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2016, the Defendant was sentenced to a suspended sentence of two years on June 30, 2016 by the Cheongju District Court for a crime of violating the Road Traffic Act (drinking driving), and on June 30, 2016, the same kind of criminal records was two times more than that of the above judgment.

Criminal facts

On June 18, 2018, the Defendant, without obtaining a driver’s license from around 07:30 on June 18, 2018, driven a CMF7 car from around 7km to the front road of the “Seoul High School” located in the 63-lane 33, Chang-gu, Chang-gu, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, 292-18, the Defendant driven the CMF7 car in the section of approximately 7km to the front road of the “Seoul High School.”

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Vehicle photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (power to punish a suspect, non-licensed driving, etc.), text of judgment, and summary order under each statute;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the facts of the previous conviction in the judgment: The defendant appears to reflect his mistake; the defendant, as the factory head, appears to be against his fault; there are reasons to take into account the motive and circumstances of the crime in this case when he goes to work rapidly when a fire occurs in the surrounding area of the company; and the defendant would not repeat the same mistake after disposing of the vehicle;

In the above circumstances, the defendant's age, sex, environment, motive, means, and result of the crime shall be determined as the same as the order, comprehensively taking into account the circumstances before and after the crime.

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