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(영문) 의정부지방법원 고양지원 2018.11.02 2018고단1929
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 July 10, 2018, the Defendant driven a sports car without the driver’s license at approximately 100 km from the road where it is impossible to identify the place located in Jinju-si around 16:43 on July 10, 2018 to the 282 km away from the Gyeong-gu Seoul metropolitan highways.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the defendant had been punished twice by a fine due to the crime without a license, but he/she again had the record of driving without a license, and the quality of such crime is not good.

However, it is against the defendant's wrong recognition and the fact that the defendant does not drive again shall be considered as favorable circumstances, and the punishment as ordered shall be determined by considering all factors of sentencing as shown in the argument of this case, such as the developments leading to driving without a driver's license, driving distance, driving distance, age, sexual behavior, environment, etc.

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