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(영문) 의정부지방법원 고양지원 2017.05.24 2017고단869

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for four 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

On April 24, 2003, the defendant was sentenced to a suspended sentence of three years for a term of imprisonment with labor for a crime of violating road traffic law at the Gwangju District Court on April 24, 2003 and was sentenced to two times more.

On February 15, 2017, the Defendant driven a ice car without obtaining a driver's license from around 2km to around 18, 2017, from the vicinity of the Gandong-gu Busan Metropolitan City, Jung-gu, Busan Metropolitan City, Seosan-ro 487 at the same time, and from around 19:35, the Defendant driven a ice car without obtaining a driver's license from around 2km to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, has been driving without a license even though the license was revoked due to drinking prior to the instant crime, and may also have the previous criminal records.

However, it is reasonable to consider that the defendant seems to reflect on his gender.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.