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(영문) 의정부지방법원 2020.01.07 2019고단3856
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

On August 8, 2019, around 20:38, the Defendant driven C Coin vehicle without obtaining a driver's license in the section of about 8km from the B apartment underground parking lot road to the road in front of the Yangju Police Station located in 1699 in Yangju-si, Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting on the situation of driving without a license, driver's license inquiry, and details of revocation of driver's license;

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. The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) the Defendant again committed the instant crime even though he/she was punished twice for driving without a license in 2015 after his/her license was revoked due to drinking driving in 2015; (b) however, the Defendant does not have any previous conviction exceeding a fine; and (c) the Defendant’s age, character and conduct and environment; (d) motive, means and consequence of the instant crime; and (e) other conditions of sentencing specified in the pleadings of the instant case

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