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(영문) 춘천지방법원 2018.09.12 2018고단702
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 25, 2018, the Defendant, at around 09:56 on June 25, 2018, driven a motor vehicle C gender car without a motor vehicle driver’s license on the front side of the Red Natural Salary Office in Hongcheon-gun, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, 351, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, Hongcheon-gun, Seoul, a 54-ro annual salary.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant had a record of criminal punishment for driving without a license in 2009, 2010, and 2012; (b) twice in 2009 (one time in competition with a licenseless driving in 2009); and (c) the Defendant had a record of being punished for driving without a license in 2017 on one occasion in 209, without being aware of the record of being punished for driving with a licenseless driving in the instant case, which is disadvantageous to the Defendant.

However, the fact that the defendant seems to have recognized and reflected the crime of this case, there is no record that the defendant has been sentenced to more severe punishment than suspension of qualification, and the crime of this case is committed due to a simple unauthorized driving, etc. as factors for sentencing favorable to the defendant. In addition, all other circumstances, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the arguments of this case, shall be determined as per the disposition.

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