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(영문) 의정부지방법원 2019.02.13 2018고단5088
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14:50 on September 8, 2018, the Defendant driven a B car without obtaining a driver’s license on the 3km section from the Cheongju-si, the Cheongju-si, the Cheongsan-si, the Simsan-si, the same time from the Cheongju-si, the Cheongsan-si, to the point of 309 km in the Seoul direction.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of statutes concerning disqualified meetings of the main office;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order has previously been punished several times for the same kind of crime, such as drinking, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, driving without a license, etc., and in particular, there has been a history of being discovered by a driving without a license for three times only in 2016

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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