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(영문) 서울북부지방법원 2019.06.13 2019고단1530
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 05:10 on April 3, 2019, the Defendant driven BK3 automobiles from a place not exceeding the boundary of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul to the Dowing-ro 295, the Dobong-ro 295, the road in front of the similar distance.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

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 under Article 62-2 of the Criminal Act on the order to provide community service and attend a lecture was that the Defendant was subject to criminal punishment on five occasions due to driving without a license, and the Defendant committed the instant crime without a license, which leads to a traffic accident that causes physical damage while driving without a license.

However, the punishment as ordered shall be determined by taking into account the following factors: the defendant's mistake is divided, and the defendant is expected not to drive without a license again; the criminal records of the defendant's punishment are nonexistent; the defendant's age, character and conduct, intelligence and environment, family relationship, circumstances at the time of the crime, etc.; and the various sentencing factors specified in the trial process of this case are considered.

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