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(영문) 의정부지방법원 고양지원 2016.03.31 2015고단3427
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 24, 2015, the Defendant, at around 09:37, driven a 1 ton cargo vehicle without the driver’s license, without purchasing approximately 2 km section from the front of the luxle Do located in the gold village to the road front of the lux road in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry into the enemy and mandatory insurance;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant was punished three times by a fine for the same kind of crime between the last four years.

This is a reason for sentencing unfavorable to the defendant.

Provided, That the punishment shall be determined as per the Disposition in consideration of the fact that the defendant is against himself and has no criminal records of suspension of execution or more.

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