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(영문) 서울북부지방법원 2019.05.16 2019고단1367
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 16:20 on April 1, 2019, the Defendant driven C Otoba (the engine displacement 582C) without obtaining a driver's license in approximately 150 meters section of the front road of the B apartment in Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Application of the photographic Acts and subordinate statutes;

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 is that the Defendant was subject to criminal punishment for four times due to driving without a license, and that the Defendant committed the instant crime for driving without a license, and the nature of the offense is not weak.

However, the defendant's mistake is divided into one's own mistake and is expected not to drive without a license again, the distance of the defendant's driving is relatively short, there is no record of criminal punishment exceeding a fine due to the defendant's driving without a license, and other factors of punishment as ordered, such as the age, character and conduct, intelligence, environment, family relationship, circumstance at the time of the crime, etc., shall be determined by taking into account the various factors of punishment as shown in the trial process of this case, such as

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