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(영문) 춘천지방법원 2019.05.23 2019고단86
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[Judgment of the court below] On January 14, 2019, at around 08:00, the Defendant started from the vicinity of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the Defendant driven a sloping-gun, without obtaining a driver's license in the section of approximately 62 km from around 09:00 on the same day until around 09:00, to the front of the Gocheon-gun, Seocheon-gun.

【2019 Highest 258】 On March 8, 2019, the Defendant driven a e-mail truck with approximately KRW 39 km in the direction of Daejeon Metropolitan City from the D resting area located in Chungcheongnam-gun without obtaining a driver’s license on March 8, 2019 to the point where about 275 km in Daejeon Seo-gu.

Summary of Evidence

【2019 order 86】

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on a traffic accident, on-site photographs, the ledger of driver's licenses, and the register of vehicles, 2019, 258);

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

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

1. Selection of each sentence of imprisonment;

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;

1. The rationale for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. lies in the circumstance favorable to the defendant, such as that the defendant seems to have committed a crime, while recognizing all of his/her own crimes.

However, even though the Defendant was punished by a fine or a suspended sentence of imprisonment due to drinking driving or driving without a license (203, 2004, 2006, 2011, 2012, 2017), the Defendant was driving without a license, and even driving without a license under the circumstances where criminal procedure is in progress, it is disadvantageous to the Defendant.

The age, character and conduct, the environment, the motive and background of the crime, and the result of the crime.

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