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(영문) 의정부지방법원 2020.02.19 2019고단4790
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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 23, 2019, at around 21:15, the Defendant driven a E-Wman-man car without obtaining a driver's license in approximately 800 meters section from the front Do to the front Do in C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of unregistered driving and application of the laws and subordinate statutes to the ledger 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to one year;

2. No sentencing criteria shall be set;

3. Although the Defendant was punished for a violation of the Road Traffic Act (driving) around 2018 and the license was revoked as a result, on November 13, 2018, the Defendant was punished for a fine of three million won due to a violation of the Road Traffic Act (Driving without a license) and on April 26, 2019, and was punished for a fine of three million won due to the same crime.

As above, there is a high possibility of criticism in that the defendant repeatedly commits the same crime within the short period.

The punishment shall be determined as per the order, comprehensively taking into account the age, character and conduct, family relations, motive and means of the crime, circumstances after the crime, and various sentencing conditions shown in the records and pleadings of the case.

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