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(영문) 청주지방법원 충주지원 2017.06.16 2017고단388
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 10, 2017, around 14:05, the Defendant driven a B rocketing car without a valid license to drive a motor vehicle from around 3 km section from the 12 mpon to the mp on the 7mpon in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Reporting on the arrest of a case;

1. Relevant photographs;

1. A report on investigation;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the following inquiry;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving and Selection of Imprisonment) concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On May 22, 2015, the Defendant for the reason of sentencing under Article 62-2 of the Criminal Act for the protection and observation, and the order to attend lectures was sentenced to a fine of KRW 50,000,000 for the crime of violating the Road Traffic Act (unlicensed driving) in the Chungcheong District Court Support on May 22, 2015, a fine of KRW 1,50,000 for the same crime in the same court on July 21, 2015, a fine of KRW 30,000 for the same crime in the same court on July 8, 2016, and a fine of KRW 2,00,000 for the same crime in the same court on February 10, 2017, but again committed the crime of this case, and thus, the Defendant is punished by imprisonment

However, a suspended sentence shall be imposed at once in consideration of the fact that the defendant has led to the confession and reflect of all the crimes of this case, and that there is no punishment exceeding the fine due to driving without a license.

In addition, the punishment as ordered shall be determined in consideration of various conditions of sentencing, such as the age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

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