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(영문) 의정부지방법원 2016.10.27 2016고단1885
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On December 23, 2015, at around 19:25, the Defendant driven a horse at the end of the 150 kilometer, without obtaining a driver’s license, from the front day of the So-called So-gu, Jingu, Chungcheongnam-do, Chungcheongnamcheon-gun, Chungcheongnam-do to the front day of the Samyang-do, Samyang-do, Samyang-do, Samyang-do, Chungcheongnam-do, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C (e-mail record);

1. Each traffic accident report;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Any person who operates a motor vehicle with reasons for sentencing in Article 62-2 of the Criminal Act shall be obligated to drive the motor vehicle with due care after obtaining a driver's license issued by a person with traffic ability and driving and operating ability. Any person who has acquired a license shall observe traffic regulations, and may lead to the establishment of traffic order by complying with the license, renewal and aptitude tests, etc.;

Nevertheless, the defendant has continued to drive without a license in the state of revocation due to drinking driving, and there is a need for strict punishment in light of the fact that the defendant caused a traffic accident while driving without a license and caused the second death.

However, the sentencing conditions shown in pleadings, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., that the defendant is expected not to drive without a license, the fact that there is no record of punishment for the same kind of crime, and the punishment as the order shall be determined by taking into account the following two factors:

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