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(영문) 의정부지방법원 2018.05.15 2017고단4312
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 11, 2017, the Defendant driven CM5 automobiles without obtaining a driver’s license from the 5km section to the road in front of the local food store located in Jin-gu Seoul Metropolitan City, Jin-dong, Jin-gu, Jin-si, Seoul Special Metropolitan City, which was located in 1:8 in Jin-gu, Jin-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

1. A comprehensive consideration of the following facts: (a) the Defendant had three preceding drivers without a license for the reason of sentencing under Article 62(1) of the Criminal Act; (b) the two preceding drivers committed the crime in 2017, which repeats the recent unlicensed driving; (c) the Defendant has no previous drivers without a license for a stay of execution or higher; and (d) the Defendant has been detained due to the instant crime and has one-month accommodation time after being detained;

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