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(영문) 의정부지방법원 2017.01.12 2016고단3255
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2016, the Defendant, instead of 776-1, 11:19, was driving a vehicle B, without the driver’s license, in the section of approximately 1 km up to the front road of the Namyang-si, Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the Namyang-si, the 751-2, the Namyang-si, the Namyang-si, via the Dongyang-si, the 744-2, the Namyang-si, the Nam-si, the Nam-si, the Nam-si, the Nam-si, the front road

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing accidents;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. The need for a medical treatment order under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care, Care, and Custody Act, and Article 62-2 of the Act on the Medical Care, Care, etc., and Article 44-2 of the Act on the Punishment, etc. of Specific Crimes, where the Defendant was involved in a traffic accident while driving under the influence of alcohol, and where the Defendant had been punished twice due to the traffic accident while driving under the influence of alcohol, the Defendant shows symptoms of serious alcohol addiction, and the risk of recidivism is high due

However, there is no history of punishment that the defendant has been punished in excess of a fine, and the repeated crime of the defendant appears to have caused the extension of alcohol after the husband of the defendant died. In addition, considering the defendant's age, environment, sex, motive and means of the crime, circumstances after the crime, etc., and all of the sentencing factors indicated in the records and arguments of this case, such as the records and arguments of this case, it is desirable for the defendant to provide medical treatment for the military whose alcohol dependence has been proven under the supervision of protection to prevent recidivism and to return to the society of the defendant.

It is so decided as per Disposition.

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