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(영문) 전주지방법원 2019.02.12 2018고단2105
도로교통법위반(무면허운전)
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A defendant shall be punished by imprisonment for six 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 July 15, 2002, the defendant was sentenced to a fine of 500,000 won for the violation of the Road Traffic Act (non-licensed driving) at the Jeonju District Court on July 15, 2002, and a fine of 2 million won for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Road Traffic Act (non-licensed driving), and the same court on September 12, 201 is sentenced to a fine of 2 million won for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and the Road Traffic Act (non-licensed driving). The judgment becomes final and conclusive on the 20th of the same month, and is

Criminal facts

On October 11, 2015, at around 15:30 on October 15, 2015, the Defendant, without a driver’s license, driven a E-RR car from around 2 km to D- way located in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Residents' inquiry, driver's license ledger, motor vehicle register, and mandatory insurance (Ma1);

1. Disqualifications of the main office;

1. Before ruling: Criminal history records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Acts concerning criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act.

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

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act was that the Defendant had been punished twice due to without a license, but was engaged in driving without a license.

However, considering the fact that the defendant reflects his wrong and is a mere driving without a license, and the concurrent relationship between the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the latter part of Article 37 of the Criminal Act in which the judgment has become final and conclusive, the punishment shall be determined as per the order in consideration of the equality between the

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