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(영문) 서울남부지방법원 2020.10.15 2020고단1752
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

(2) shall suspend the enforcement of the above sentence for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 17, 2020, at around 12:20, the Defendant driven B 2 cargo vehicles without obtaining a driver's license on a road driving at approximately 7 km section from a new shot sloping rest area located in Daejeon-gu, Daejeon-do to a point of 280km in Busan-do. to a point of 273km in Busan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of control manuals and the laws and subordinate statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The Defendant already committed the instant crime even though he/she had been punished by a fine for unlicensed driving on two occasions.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects the crime, and there is no record of punishment exceeding the fine due to driving without a license.

The health of defendants is not good.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.

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