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(영문) 의정부지방법원 2016.06.30 2015고단4919
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 October 28, 2015, the Defendant, without obtaining a driver's license of a motor vehicle around 02:15, driven from the front of the company in the upper provincial area in Geumcheon-gu Seoul Metropolitan Government to the 291-5 Sixsch Rexroth, Geumcheon-gu, Geumcheon-gu, Seoul, the 15km of the Happed Motor Vehicle B at a section of about 15 km.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. A person who operates a motor vehicle with reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and the order to attend lectures, is obligated to obtain a driver's license issued to a person with the ability to drive and drive the motor vehicle with due care, while learning traffic

The driver's license system is essential to establish traffic order.

Nevertheless, the defendant repeats without a license in a state of cancellation of license due to traffic accidents or violations of traffic laws and regulations, and the defendant has a distorted law-abiding consciousness that the defendant is exempted from a fine even if he violated laws and regulations.

However, the defendant does not drive without a license.

The sentencing conditions specified in pleadings, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as the order.

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