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(영문) 인천지방법원 2021.01.15 2019고단4535

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 11, 2019, the Defendant driven a B-beon truck without obtaining a driver’s license from around 100km to the front road of about 273km Seoul in the direction of the Gyeong-do Highway, on the road where it is impossible to know about the 09:38 North Korea Coast Guard.

around 06:10 on February 3, 2020, the Defendant driven a B Poter II cargo vehicle without obtaining a driver’s license from around 1 1km section from the Southern-gu Seoul Southern-gu Seoul Metropolitan Government to the Southern-gu Del road.

Summary of Evidence

"2019 Highest 4535"

1. The defendant's statutory statement of driver's license register of motor vehicles "20 highest 7853";

1. Statement by the defendant in court;

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

1. The punishment provided for in subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act and the selection of imprisonment for a crime;

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 reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation can be the records of punishment for the defendant as the same crime.

On September 6, 2019, the Defendant appeared on the second public trial date of this case on September 6, 2019 and recognized the Defendant’s offense at the order of 2019, and the pleadings are concluded. However, on February 3, 2020 where the Defendant was not present on the trial date, the offense was heavier than that of 7853 again on February 3, 2020 where the Defendant did not appear on the trial date.

However, the defendant does not repeat the cargo vehicle as stated in October 29, 2020 by scrapping it again.

Considering the fact that there is a family member to support the defendant, the fact that there is no past record of punishment heavier than the fine, and other circumstances that are conditions for sentencing, such as the age, environment, etc. of the defendant, the punishment as ordered shall be determined.