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(영문) 의정부지방법원 2017.11.14 2017고단3076

도로교통법위반(무면허운전)

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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 May 13, 2017, the Defendant, without obtaining a driver’s license from around 10:0 on May 13, 2017, driven a car with a quantity of 300 meters (300 meters) from the distance of Songcheon-si, in front of the Korean hospital located at the 661st century.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has been twice a licenseless driver, not a licenseless driver, but a licenseless driver has incurred a traffic accident, and the other one has also caused a traffic accident by driving without a license.

In addition, there is an unfavorable circumstance that the driver was driving the instant non-license during the suspension period due to the refusal of measurement of drinking alcohol.

However, the mother of the defendant who suffers from dementia while operating the instant vehicle by proxy is driving the instant vehicle at the rear seat of the vehicle and the driver has stopped driving, and the defendant is driving the instant vehicle to the store located at a distance of 300 meters from the mother to the store in order to boost the mother's resistance, taking into account the aforementioned unlicensed driving process and the unlicensed driving distance, and the defendant is against the Defendant, and the punishment shall be determined by taking into account the disposal of the instant vehicle.