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(영문) 춘천지방법원 2016.08.24 2016고단670
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2016, at around 17:00, the Defendant driven a sports cargo vehicle at CCoin without obtaining a driver's license from around 170km-ro at around 19:30 on the same day, from around 19:30 on the day before the Defendant's house located in D, Gangwon-si, Gangwon-do, Seoul, to the Gonghyeong-do, 397 entrance and exit from the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. 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. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable condition among the reasons for sentencing) is that the Defendant has already been punished twice for the same kind of crime, and the Defendant has been punished more than three times for the same crime. However, in addition, there are unfavorable circumstances such as the Defendant’s act of violating the Road Traffic Act (unlicensed Driving) at the same time, despite the fact that the Defendant had been punished more than two times for the same crime.

On the other hand, there are some favorable circumstances such as the defendant's depth of mistake, and the defendant has no record of serious criminal punishment of suspension of qualification or more severe punishment.

Considering the above circumstances and other circumstances, such as the Defendant’s age, sex, environment, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the punishment as ordered shall be determined.

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