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(영문) 춘천지방법원 강릉지원 2016.06.10 2016고단271
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 21, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 14:23 on March 21, 2016, driven B Poter freight from approximately 1 km section to the national highways near the Cement, which is located in the same Sindong-dong from the front of the Samyang Women’s High School located in the Namyang-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the current status of bond holders registration;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the circumstances that the instant re-offending was committed even if a license was revoked due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order, and even if a person without a license and an offender committed the instant re-offending on one occasion, he/she would not repeat again.

The execution of punishment shall be suspended on the condition that the punishment shall be determined for the defendant in consideration of the fact that the defendant's family environment, support relationship, etc. are in progress, the defendant's family environment, support relationship, etc. shall be considered in favor

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