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(영문) 춘천지방법원 2017.08.23 2017고단482
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 May 5, 2017, 2017, 2017, the Defendant driven a Funst-Pacific cargo vehicle without obtaining a driver's license in approximately 1.5 km section from the front of the office of the Defendant in Hongcheon-gun C, Hongcheon-gun, Hongcheon-gun, Da, to the front of the office of the Defendant.

On May 19, 2017, the Defendant driven an Funst-Pacific Cargo at approximately 100 meters from the front parking lot of Hyundai Apartment 104 to the front road of the Cheongcheon-gu, Hongcheon-gu, Hongcheon-gu, Hongcheon-gu, Hongcheon-gu, the central annual salary of 19:10 on May 19, 2017, for about 100 meters from the front parking lot of Hyundai Apartment 104 to the front road of the Cheongcheon-gu, Hongcheon-gu.

Summary of Evidence

"2017 Highest 482"

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver's licenses "2017 Highest 537";

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. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished for driving a motor vehicle under the influence of alcohol in 2007, 2009, 2012, and 2016, and the fact that the driver’s license was revoked due to drinking in 2016 is a factor for sentencing unfavorable to the Defendant.

However, the fact that the defendant has no record of criminal punishment heavier than the suspended sentence due to the same or similar crime, the defendant seems to have recognized and reflected the crime of this case, and each of the crimes of this case is about the driving without a license, etc., is considered as an element of sentencing favorable to the defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.

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