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(영문) 춘천지방법원 2018.07.04 2018고단504
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 May 13, 2018, the Defendant driven B Poter truck without obtaining a driver’s license in the section of approximately 300 meters in front of the “sappo-distance gas” located in the 450-ro, Yancheon-gun, Hongcheon-gun, Hongcheon-gun, Seocheon-do, Seocheon-ro, Seogyeong-ro, Yan-ro, Yan-ro, Yan-ro, Yan-ro, Yan-ro, Yan-ro, Y.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished for driving under the influence of alcohol in 200, 204, 2001, 2011, 2012, and 2015; (b) two times in 2012 (one time in 2012) due to driving without a license, which is a similar crime; (c) one time in 2017; (d) the Defendant was punished once in 2017; (d) more than five months after he/she was punished for driving without a license; and (e) again, (e) the Defendant again carried out driving without a license; and (e) the Defendant violated other traffic laws and regulations in the course of driving without a license; and (e) the Defendant was punished for a violation of the Guarantee of Automobile Compensation Compensation for Traffic-related Motor Vehicles in 2017.

However, the fact that the defendant seems to have recognized and reflected the crime of this case, the defendant has no record of being sentenced to more severe punishment than suspension of qualification for the crime of the same or similar crime, and the crime of this case is limited to driving without a license, and the more serious result has not occurred, etc., shall be considered as factors favorable to the defendant, and the punishment shall be determined as ordered by taking into account all other circumstances, such as the defendant's age, sex, criminal conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., which are the conditions for sentencing as shown in the argument of this case.

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