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(영문) 춘천지방법원 속초지원 2014.09.17 2014고단259
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On July 9, 2014, the Defendant was sentenced to two years of suspension of the execution on July 17, 2014 to imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the early branch of the Chuncheon District Court on July 9, 2014 and the said judgment became final and conclusive.

【Criminal Facts】

1. On May 14, 2014, at around 09:00, the Defendant operated a gallon vehicle without obtaining a driver’s license for a section of about 1 km from front of the Jeju Apartment apartment in Seoyangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, to the front parking lot in front of the Yangyangyang Farming Association, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-

2. On May 14, 2014, at around 09:26, the Defendant driven a gallon vehicle from the front parking lot of the Yangyang Farming Association, Yangyang-gun, Yangyang-gun, Yangyang-gun, to the near the Yangyang market located in the same Eup/Myeon, without obtaining a driver’s license for a gallon vehicle from around 20 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The ledger of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (a confirmation of a suspect's judgment, and attachment reports, such as judgments of the same kind of case);

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act as well as the choice of punishment for the crime of this case, and the choice of imprisonment for the crime of this case (to be taken into account, such as the fact that a majority of the previous crimes of this case were committed and that the crime of this case was committed

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there is no criminal conviction, and that the equality between the case of judgment shall be taken into consideration with the previous conviction in the judgment);

1. Social service order under Article 62-2 of the Criminal Act;

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