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(영문) 의정부지방법원 2018.09.14 2018고단2853

도로교통법위반(무면허운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On June 24, 2018, the Defendant driven a car with approximately KRW 350 meters from the front side of Masan to the front side of Masan-ro 372 Simsan-ro 372 at the same time in addition to Masan-ro 14:36 on June 24, 2018 without a vehicle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Persons obliged to provide community service and attend lectures, and Article 59 of the Act on the Punishment of Sentencing has inherent risks that may cause serious harm to the lives and property of a large number of persons, thus, the driver’s license system was enacted to allow a person who has acquired a driver’s license in accordance with the procedures determined by the State to drive a motor vehicle in advance to reduce

Nevertheless, there is a need to punish it strictly, as the act of committing a crime is frequently taking place in view of the purpose of the current system as above, and is frequently taking place the act of driving without a license.

In light of this point, the illegality of the crime of this case committed without a license is not against the law.

In addition, the defendant has been sentenced to six times of punishment for the same crime, and in particular, on August 19, 2010, he was sentenced to two years of suspension of execution for the crime of violating the Road Traffic Act (non-licenseless Driving) at the District Court of Jung-gu on June 2010, and on October 26, 2015, this Court was sentenced to a fine of five million won for the same crime, and on March 7, 2017, even if this Court was sentenced to a fine of three million won for the same crime, it again committed the same crime, and therefore, it is necessary to punish him with heavy punishment.

However, the defendant recognizes all of the crimes of this case and reflects them.