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(영문) 의정부지방법원 2016.03.23 2016고단119

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 December 5, 2015, the Defendant driven Bununst Motor Vehicle at a section of about 500 meters from the 17:38 Mari-si Mari-si to the 568 Roundong-dong 500 meters prior to the same time 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;

1. Relevant Article of the Act and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense (to be punished by imprisonment, in consideration of the fact that a person drives an unlicensed motor vehicle again even though he/she has a number of records of punishment for driving under drinking or driving without a license);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2009Do14