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(영문) 의정부지방법원 2017.02.02 2016고단3878
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 13, 2016, around 09:50, the Defendant driven BM5 vehicles at a section of about 1 km from around 126 to the same Eup/Myeon-ro 155, from around 126 to the same Eup/Myeon-ro.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A person who operates a motor vehicle with the reason of sentencing in Article 62-2 of the Criminal Act for the protection and observation of an order to attend a lecture and an order to obtain a driver's license issued to a person with the ability to drive the motor vehicle and pay attention to the traffic laws and regulations;

Nevertheless, in light of the fact that the defendant repeats without a license even though he did not have obtained a license, and in particular, he was found to have been driving without a license only in 2016, and there is a lack of awareness of compliance driving or conformity with the law, there is a need for strict punishment.

However, the defendant does not drive without a license.

The sentencing conditions specified in pleadings, such as the defendant's age, sexual conduct, environment, motive, means and consequence, etc., shall be determined as the order, taking into consideration the fact that there is no record of punishment exceeding a fine due to the same kind of crime, and the sentencing conditions specified in the pleading, such as the circumstances after the crime, etc.

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