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(영문) 의정부지방법원 2019.08.14 2019고단2095
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 February 25, 2019, around 14:44, the Defendant driven an Eunstst-Pacific vehicle without obtaining a driver's license from approximately 150 meters section from the D Licensed Real Estate Agent B to the front road in Macheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes to the driving license ledger;

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. Article 62 (1) of the Criminal Act;

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

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

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. The Defendant, who was sentenced to the sentence, committed the instant crime even though he was punished for the violation of each of the Road Traffic Act around 2000, around 2003, around 2007, around 2008, and around 2008.

In addition to the defendant, there are many records of punishment for the crime of drunk driving, and there are many other records of punishment for the crime of different types.

This defendant's choice of imprisonment in light of the criminal records of the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.

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