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(영문) 의정부지방법원 고양지원 2016.03.23 2015고단3383
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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

No one shall drive any motor vehicle without obtaining a driver's license.

Nevertheless, on November 24, 2015, at around 09:10, the Defendant driven Cone Star Co., Ltd. without obtaining a driver's license from around 5 km to the front of the water distance in light of the same time from the Papju City B through the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act selected as a penalty.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the defendant was sentenced to a fine and a suspended sentence due to driving without a license on several occasions, has come to commit the instant crime, and the fact that he/she did not commit the instant crime while against his/her mistake, and that he/she should not be subject to the recidivism, together with the fact that he/she should consider the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, and determine the sentence as ordered

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