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(영문) 전주지방법원 군산지원 2015.04.29 2014고단1319
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

[Criminal Power] On May 2, 2014, the Defendant was sentenced to three months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Hongsung Branch of the Daejeon District Court on the grounds of red support, and the said judgment became final and conclusive on January 10, 2015.

【Criminal Facts】

On October 5, 2014, at around 03:04, the Defendant driven a car without a driver's license from about 1 km section from the front day of the Gunsan-dong in the Gunsan-si, Sinsan-si to the dynamics front day of the same city movement.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. References to criminal records, copies of written judgments, the results of the search of Konets case, and the application of Acts and subordinate statutes on investigation reports (verification of relevant cases);

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

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

1. An order to attend a lecture, Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on Probation, etc. shall be determined in consideration of the following factors: (a) conditions favorable to the Defendant, including the conditions of sentencing favorable to the Defendant, the records that the Defendant had been punished several times including the same kind of crime, and the possibility of recidivism of the Defendant who lacks compliance driving awareness seems to be high; and (b) the conditions of sentencing that are unfavorable to the Defendant, such as the fact that the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., are comprehensively considered.

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