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(영문) 청주지방법원 영동지원 2019.08.29 2019고단79

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On June 11, 2019, at around 10:18, the Defendant, without a car driver’s license, driven a rocketing car owned by the Defendant in the section of approximately 15km from the roads near the Daejeon East-gu B apartment, Daejeon to the front of the Samyangyang-gu, Mayang-gu, Chungcheongnamcheon-gun, Mayangyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

1. Relevant Article of the Act on the Crime and Article 152 Subparag. 1 and Article 43 of the Road Traffic Act on the Selection of Punishment for the Punishment of the Crimes [Incompetence] The Defendant had a record of being punished for a drunk driving on several occasions, and the Defendant committed the instant crime during the suspension of execution even though his/her driver's license was revoked due to a drunk driving and was sentenced to a suspended sentence for the year 2017.

Although the Defendant was forced to drive without a license due to the outbreak of clothes to the person who originally intended to drive, in light of the Defendant’s assertion, there was room for sufficient choice that the Defendant would not drive without a license, since the Defendant’s wife was at the start of the departure and the Plaintiff’s wife was at the start of the departure.

【Pried circumstances】 The Defendant recognized the instant crime.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.