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(영문) 의정부지방법원고양지원 2020.08.07 2020고단1370
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

At around 11:00 on May 12, 2020, the Defendant, without obtaining a driver's license, driven a D class III and one ton cargo vehicle at approximately 2 km from the Do adjacent to the public bus depot in Yongsan-gu, Busan Metropolitan City to the front of C in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the detection and report of violation of the Road Traffic Act, the report on the current status of driving without a license, the report on the current status of driving, and the register of driver's licenses for automobiles;

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. The reason for sentencing under Article 62(1) of the Criminal Act shows the attitude of recognizing and opposing the criminal facts in the judgment of the defendant.

Although there are many criminal records for the defendant, there are no criminal records of the suspension of the execution of imprisonment.

In addition, the punishment shall be determined by taking into account the following circumstances, such as the defendant's age, character and conduct, environment, motive and background leading to the crime, and circumstances before and after the crime.

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