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(영문) 춘천지방법원 강릉지원 2016.09.21 2016고단675
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[2016 Height 675] On May 4, 2016, the Defendant driven a Cone Star motor vehicle without obtaining a driver’s license in the section of about 1 Km from May 4, 2016 to around 5, 259 at the center of Samjin-si, 2016, to the front road of the restaurant in Ssamnam-ro 5, Cheongcheon-ro.

[2016 Highest 704] On May 20, 2016, the Defendant driven a DM5 car without obtaining a driver’s license from around approximately 100 meters from the roads of the Dong-si Public Health Center in the East Sea, which are located in the Dong-dong in the East Sea, to the roads of the Incheon Residents’ Center in the same Dong.

Summary of Evidence

[2016 Highest 675]

1. Statement by the defendant in court;

1. The ledger of driver's licenses and the register of chassiss (2016 Height 704);

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of each statute on photographs;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

1. Aggravation of concurrent crimes by concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Punishment of Aggravation of Crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order is already punished several times for the same crime, and the recidivism has already been committed even though there was a record of the same probation, and even if there was a record of the same probation, the necessity for strict punishment is also observed in light of the fact that the crime has been repeated twice between 10 days.

In light of the above circumstances, the sentence of imprisonment shall be chosen, and considering favorable circumstances, such as the reflection of the nature of the sentence and the support relationship (the need for the care for the wife), the last protective observation and the condition that community service should be provided.

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