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(영문) 의정부지방법원 2018.08.28 2018고단2193

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

around 20:51 on March 1, 2018, the Defendant driven the Cunst Motor Vehicle without obtaining a driver’s license for the vehicle from around 550 meters from the upper 18th to the upper 1272 front of the 1272nd Cheong-gun, Cheong-gun, Cheong-gun, Cheong-gun, the upper 18th of the Cunast Motor Vehicle, which is around 201.

On May 3, 2018, the Defendant: (a) driven a rocketing motor vehicle on May 3, 2018 without a driver’s license within approximately 3 kilometers from May 3, 2018, to the road before the 3rd of the 3rd Dom 435-56 Dom Gam-ri 273 Dom-ri Dom Gam-ri Gam-ri Gam Gam-ri Gam-ri Gam Gam-ri Gam.

On May 27, 2018, the Defendant driven D15 tons dump trucks without obtaining a driver’s license from the front of the construction site of electric source site located in Gyeong-gun, Gyeonggi-si, Gyeonggi-do, to the front of the construction site of the site of electric source site to the front road of Gyeonggi-si, Gyeonggi-do, at approximately 1.5km.

Summary of Evidence

"2018 Highest 2193"

1. Statement by the defendant in court;

1. "Motor vehicle driver's license ledger 2018 high group 2307 high group;

1. Statement by the defendant in court;

1. A driver's license inquiry letter "2018 highest 2439";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

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 Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, repeated the instant unlicensed driving three times even though he/she had the previous driver’s license, even though he/she had the previous driver’s license.

However, in the instant case, the driver’s licenseless driving at the top order 2307, the top order 2018 top order 2439 top order is a crime before the trial of the instant case was commenced in 2018 top order and is no longer driving after the trial of the instant case was continued, which reflects the instant crime, and is determined by taking into account the fact that there was no previous conviction exceeding the fine.