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(영문) 전주지방법원 2015.06.30 2015고단577
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 09:00 on 17, 2015, the Defendant driven C Poter Cargo Vehicles at approximately 500 meters away from the former Poter-gun B's house to the latter Poter's house of sewage of the former Poter-gun from the former Poter-gun's house without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The report of investigation (comprehensive);

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order include not only four times the criminal records of punishment for the same crime, but also one time a fine within five years and one time a suspended sentence.

Nevertheless, since the defendant committed the crime of this case at another time, there is a need to punish the defendant strictly.

However, the execution of imprisonment shall be suspended, taking into account the fact that the defendant's mistake is seriously against and is expected to not repeat again, but the above circumstances and other circumstances that form the conditions for sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered by the sentence.

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