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(영문) 의정부지방법원 2019.10.16 2019고단2362
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

At around 14:10 on June 5, 2019, the Defendant driven a freight vehicle from approximately 900 meters to E-rayed from the front road in Scheon-si B to E-rayed in Scheon-si, without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant legal provisions concerning the facts of crime and reasons for sentencing under Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The scope of punishment by law: One month to one year;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. On June 5, 2009, the defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon District Court. On August 11, 2011, the defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (unlicensed Driving) at the Jung-gu District Court. On August 20, 201, the defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (Unlicensed Driving) at the Jung-gu District Court. On August 22, 2014, the defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (Unlicensed Driving) at the Jung-gu District Court on August 22, 2014; on July 8, 2016, the defendant was sentenced to a suspended sentence of imprisonment with prison labor of KRW 1.5 million for a violation of the Road Traffic Act (Unlicensed Driving).

(On June 5, 2019, the Defendant committed the instant crime on May 28, 2019, taking into account the following: (a) the Defendant had been punished several times due to a violation of the Road Traffic Act (unlicensed Driving) and, in particular, the Defendant committed the instant crime on June 5, 2019 despite being sentenced to a suspended sentence of imprisonment on May 28, 2019; (b) the Defendant was a person with a disability of grade 5; (c) the Defendant was difficult to obtain a driver’s license; and

Even if the defendant is no longer the defendant, it is difficult to take the defendant.

(b) other.

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