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(영문) 의정부지방법원 2019.01.16 2018고단4698

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On August 28, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the District Court of the Republic of Korea for a violation of the Road Traffic Act (unlicensed Driving), and is still under the suspension of execution, which became final and conclusive on September 5, 2018.

At around 15:35 on October 18, 2018, the Defendant driven the Crocketing Pacific Cargo without obtaining a driver’s license from the business establishment of the Gyeonggi-gun, Gyeonggi-gun to Cheongyeong-gun to 1451-11 on the street.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and statutes;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, Article 152 Subparag. 1 of the Road Traffic Act regarding the selection of a sentence, and the reason for sentencing of a sentence of imprisonment is that the Defendant, after the driver’s license was revoked in 2017, was sentenced twice to a fine for driving without a license, and even if he had the record of being sentenced one time to a suspended sentence,

Since there is no possibility of improvement to the defendant at all, the defendant will be sentenced to punishment.

However, the defendant's age, age, character and conduct, environment, motive and background leading to the crime of this case, means and results thereof, circumstances before and after the crime of this case, and other factors of sentencing as shown in the arguments of this case shall be determined as per the order.