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(영문) 의정부지방법원 2020.06.01 2020고단520
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 November 16, 2019, the Defendant driven a D car without obtaining a driver's license from around 17:15 to around 500 meters from the front of Si-si B to the front of Si-Si road.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The sentencing criteria for the crimes of violating the Road Traffic Act are not set.

3. The decision-making defendant has been punished several times due to driving without a license (six times a fine and one time a suspended sentence of imprisonment with labor from 200 to 2015).

Nevertheless, the crime of this case has been repeatedly committed.

In light of the above, the prosecutor’s punishment of fine is also determined to be sentenced to imprisonment.

However, considering the facts that the defendant recognized the crime of this case as well as the circumstances that may be taken into account in light of the background of this case, the method and result of the crime including the above circumstances, the circumstances after the crime, age, environment, criminal record relation, etc., the punishment as set forth in the disposition shall be determined in full view of all the following factors.

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