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(영문) 의정부지방법원 고양지원 2016.04.07 2015고단3711

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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 December 9, 2015, at around 10:21, the Defendant, at around 500 meters from the street at the entrance of the gold village to the street in the same gold village, driven a c-wing truck without a driver’s license, without driving a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a driver's license;

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 selected as a penalty.

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

1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;

1. The scope of punishment by law: Imprisonment with prison labor for not more than one year;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and

3. Determination of sentence: The Defendant, including six months of imprisonment, was sentenced to a suspended sentence of two years for a term of imprisonment on January 9, 2014 due to a crime of violating the Road Traffic Act (non-licensed driving), on January 17, 2014, and the said judgment became final and conclusive on January 17, 2014, was sentenced to a suspended sentence of two years for the instant crime committed during the suspended sentence or the present grace period was imposed.

In addition, the defendant has a variety of records of the same kind.

In these circumstances, the defendant is sentenced to the same punishment as the order in consideration of the fact that he/she has a family as a person with disabilities who will support the defendant, and other age, sex, etc.