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(영문) 의정부지방법원 2020.02.14 2019고단2160
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 20, 2019, around 11:00, the Defendant driven a motor vehicle with D low-speed without obtaining a driver's license from a section of about 1 km to a road in front of the “offgoing Station” located in the area of 545, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Namyang-si, Namyang-do.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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 is that the defendant has been punished several times, including imprisonment with prison labor due to drinking or unlicensed driving even before the suspension of execution of sentence.

Nevertheless, the crime of this case was committed without a driver's license.

The defendant shall not have obtained a driver's license once.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and reflects the fact that the defendant is in an economically difficult situation and there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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