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(영문) 청주지방법원 2015.04.17 2014고단1630
도로교통법위반(무면허운전)
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

Punishment of the crime

The defendant is the driver of the C Freight.

On July 30, 2014, the Defendant, without a driver’s license on July 10, 2014, driven the above vehicle at a level of 300 meters from the pipe watch in front of the petition district to the lower on the street in the same Dong, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

1. The Defendant has no record of obtaining a driver’s license, and has been punished several times before. The most recent penalty power is sentenced to a suspended sentence of two years in October, and if only the punishment power is imposed, the Defendant must be subject to a strict punishment as a matter of course.

However, this case's unlicensed driving is due to the fact that there are other circumstances that can be considered as being caused by the request of the customer of the marina service by the customer, and the execution of the sentence is suspended by taking account of the circumstances of sentencing such as the defendant's environment, motive and consequence of the crime, and the circumstances after the crime.

It is so decided as per Disposition for the above reasons.

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