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(영문) 전주지방법원 군산지원 2019.11.22 2019고단1279
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 10:00 on September 30, 2019, the Defendant driven the Eknif vehicle without obtaining a driver’s license from approximately 1.5 km section from the front of the Defendant’s dwelling to the front of the D in C’s dwelling.

Summary of Evidence

1. Defendant's legal statement;

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

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 on orders to provide community service and attend lectures was three times a licenseless driving since 2000 and three times a licenseless driving is subject to the suspended sentence of imprisonment. Among them, the fact that the license was revoked due to drunk driving in 2015 and, under the circumstances, the fact that the driver seems to have been driving under a licenseless condition is an unfavorable sentencing factor, and the defendant's age and character are more favorable sentencing factors, and the defendant's age and character are considered.

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