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(영문) 서울북부지방법원 2019.05.02 2019고단417
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2018, the Defendant was driving a lele-ro passenger vehicle without obtaining a driver's license from the Do located in the Made-si to the front road in Dongdaemun-gu Seoul, Dongdaemun-gu, to approximately 18km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was subject to criminal punishment for driving without a license or driving without a license, but two years thereafter, and the distance of the defendant's driving is considerably visible.

However, the defendant's mistake is divided and again is expected not to drive without obtaining a license, and there is no traffic accident that causes human and physical damage due to the crime of this case, and other factors of sentencing that are shown in the trial of this case, such as the age, character and conduct, intelligence and environment of the defendant, family relations, circumstances at the time of the crime, etc., shall be determined as ordered by the order.

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