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(영문) 춘천지방법원 2014.05.29 2014고단297
도로교통법위반(무면허운전)
Text

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 of the final judgment.

Reasons

Punishment of the crime

On April 9, 2014, at around 16:45, the Defendant driven a vehicle with low-speed without obtaining a driver's license in approximately 2 km section from the front of Chuncheon City to the front of the Venemodong located in the same city from the front of B to the front of the Venemodong.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In light of the reasoning for sentencing under Article 62-2 of the Criminal Act on probation and education, the Defendant was punished by a fine of up to 300,000 won for the crime of violating the Road Traffic Act in 2013, and the Defendant was indicted for the same crime on February 19, 2014, and the instant unlicensed driving was conducted on February 19, 2014, the Defendant should be punished by strict punishment. However, due to the surgery of the principal hospitalized in the emergency room at the time, the Defendant shall be punished as above, taking into account the fact that the instant unlicensed driving was conducted.

It is so decided as per Disposition for the above reasons.

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