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(영문) 서울북부지방법원 2019.03.14 2019고단47

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 14, 2018, at around 04:39, the Defendant driven a F rocketing car without obtaining a driver's license in approximately 300 meters from the day before the Seoul Special Metropolitan City, Nowon-gu B Apartmentdong to the front of the Eriju station located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The defendant with the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though he/she had been punished several times due to driving without a license, etc., so it is necessary to punish the defendant accordingly.

However, the defendant has divided his or her wrong and reflects his or her wrong, and there is no significant history of punishment.

Taking into account such circumstances and other conditions of sentencing as prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, and environment, the court decides to trust the Defendant’s identity only once and to suspend the execution of the above imprisonment. The sentence is determined as per Disposition.