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(영문) 청주지방법원 영동지원 2019.11.21 2019고단134

도로교통법위반(무면허운전)

Text

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to 10 months of imprisonment with prison labor or 2 years of suspended execution on July 26, 2018 at the Youngju District Court’s Youngdong Branch, and the judgment was finalized on August 3, 2018, and is currently under suspended execution.

【Criminal Facts】

On September 4, 2019, at around 11:35, the Defendant driven a d Poter truck without obtaining a driver's license at approximately 2 km from a roadside rest area where it is impossible to know about the Busan direction of the Busan direction of the border road to the point of about 322 km in the vicinity of the rest area located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

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

1. The reason for sentencing of Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (Optional to Imprisonment) concerning the crime and Article 152 Subparag. 1 of the Act on the Selection of Punishment for the Punishment of Crimes (Unjustifiable circumstances) is that the Defendant was sentenced to a fine for driving without a license and a punishment for suspended execution, even though

Nevertheless, the Defendant, without being aware of, committed the instant crime during the period of suspension of execution due to driving without a license, and the responsibility for the instant crime is heavy.

【Pried circumstances】 The Defendant recognized the instant crime.

The distance of the defendant's unlicensed driving is not visible.

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.