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(영문) 의정부지방법원 2015.02.06 2014고단1837
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2013, at around 15:50, the Defendant driven a motor vehicle C in the area of about 20 kilometers from the road near the human body of the U. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.S.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the ledger and arrest report of car driving licenses;

1. Relevant Article of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Selection of Imprisonment or Imprisonment)

1. Article 62 (1) of the Criminal Act on the stay of execution (including the following favorable circumstances):

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) the Defendant committed a second offense even though he had been punished for the same crime in the past; (b) the Defendant is presumed to have been driving without a license for a considerable period of time although he had not obtained a driving license; and (c) the Defendant’s criminal records, occupation, and environment are likely to repeat a crime in light of the above circumstances; (d) however, there are favorable circumstances such as the confession and reflect of the instant crime; (c) the Defendant is not guilty of traffic accident due to the instant unauthorized driving; and (d) there is no history of being sentenced to suspension of qualification or more severe punishment. Accordingly, the sentence of sentence written in the text shall be imposed by taking into account such circumstances and other various sentencing conditions as the Defendant’s age, family relations, and circumstances after the instant

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