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(영문) 의정부지방법원 2019.10.30 2019고단1948
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On 13:35 on 09. 13:05, the Defendant driven B Poter Cargo Vehicles without obtaining a driver's license in a section of about 150 meters from the 1st century to the 150-meter short village to the short village in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Application of Acts and subordinate statutes on licenses inquiry;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: One month to one year;

2. Setting the sentencing criteria not;

3. The Defendant, who had been punished for the same crime several times prior to the instant crime, is highly likely to be subject to criticism in that he/she reached the instant crime.

However, it is necessary to consider that the defendant does not repeat the crime, and that the health of the defendant is not good.

In addition, the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. of the defendant, various conditions of sentencing as shown in the records and pleadings of the case and the life sentence of the prosecutor shall be determined as per the order, comprehensively taking into account.

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