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(영문) 춘천지방법원 2020.11.11 2020고단935
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 April 30, 2020, the Defendant driven a Grand Corpon vehicle without obtaining a driver's license from around 180km in the section of 180km from the front of the Sejong-si B apartment road to the northwest-gun, Hongcheon-gun, Hongcheon-gun, the central highway located in the northwest-gun, Hongcheon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was subject to criminal punishment for four times due to an unlicensed driving, and the Defendant committed the instant crime of non-licensed driving in the section up to about 180 km at the same time, and the quality of such crime is not good.

However, considering the fact that the defendant again does not drive without a license, etc., it is against the depth of the crime of this case, the occurrence of a traffic accident is not occurred due to the crime of this case, the previous convictions related to the above without a license are all up to 2010, and the criminal records that the defendant has no criminal records punished by imprisonment.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.

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