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(영문) 의정부지방법원 고양지원 2017.11.16 2017고단2754

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 1, 2017, the Defendant driven B Poter Cargo Vehicles without obtaining a driver's license from around 5 km to the front road of the Jindo Village 7, which was located in the 205-ro, from the front road of the road of the 276-hon-si, Jinju-si, Seoul, around 18:03, the Defendant driven B Poter Cargo Vehicles without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Since 2001, the Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act, was driving the fifth without the license as the instant crime.

In particular, even though the Defendant acquired only a motor device bicycle driver's license, he continued to drive the instant cargo vehicle.

In light of the repetition of the punishment, it is difficult to expect the effect of the punishment of the fine.

However, there are no criminal records of the same kind that the defendant is against and has been punished beyond the fine.

In addition, the punishment shall be determined as ordered in consideration of the records of the instant case and all of the sentencing conditions identified in the trial process, such as the age, sex, environment, and motive and circumstances of the offense.