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(영문) 서울북부지방법원 2020.01.09 2019고단4935

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 14:40 on October 21, 2019, the Defendant driven a F-Wn-Wn-Wn Motor Vehicle from the front road of Seoul Special Metropolitan City, Nowon-gu, to the front road located in D, to approximately 200 meters from the road 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 Acts and subordinate statutes to the Motor Vehicle Driving Register;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the defendant was subject to criminal punishment on five occasions due to driving without a license, and the crime is not suitable for committing such crime.

However, the defendant's mistake is divided and again is expected not to drive without obtaining a license, there are circumstances that may be considered in the circumstances leading to the defendant's driving without a license, the distance of the defendant's driving is relatively short, and the crime of this case does not occur, and the punishment is determined as ordered by taking account of various sentencing factors in the trial process of this case, such as the defendant's age, character and conduct, intelligence and environment, family relationship, circumstances at the time of the crime, etc.