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(영문) 춘천지방법원 2019.01.23 2018고단1155
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six 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 October 23, 2018, at around 22:40, the Defendant driven a fwing truck with Franchising alcohol level of 0.06% under the influence of alcohol level of 0.06% without a driver’s license, from the front side of the “C Hospital” in Hongcheon-gun B to the front side of the “E station” in D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the provisions of the Acts and subordinate statutes to the register of vehicle driving licenses, report on the occurrence of the case, report on the situation of the driver;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the crimes of violating the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture in 2003 is the defendant's without a license for driving in 2003, the 2009 (the 2008 criminal administration) was the drinking and without a license for driving in 2010, each of which was punished for driving without a license for driving in 2010, and the defendant again committed the crime of this case by driving the same vehicle as that of driving in 2009 and 2010 without a license for driving a motor vehicle again.

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 the suspension of qualification, and the crime of this case is committed on a simple drinking and without a license, etc., as factors for sentencing favorable to the defendant. In addition, considering all other circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as shown in the argument of this case shall be determined as per the disposition.

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