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(영문) 의정부지방법원 2017.04.25 2016고단2615
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant of 2016 group 2615 is a person who is engaged in truck driving business.

On June 3, 2016, the Defendant driven CM truck without obtaining a driver's license from around the 16:25 km in the vicinity of the village in the Yacheon-si of Gyeonggi-si to around 569-3 16:25 on the same day.

On March 24, 2017, the Defendant driven approximately 15 km D truck from March 24, 2017 to December 28, 2017, on the road located in the Mancheon-si Mobile-si, Seoyang-si, Namyang-si, Namyang-si, Seoul, without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The fact that the person committed the act of driving a driver without a license during the instant trial while driving a driver without a license, three times before and after the driver’s license was not granted, and circumstances favorable to the person who committed the act of driving a driver without a license during the instant trial: Anti-discrimination, the fact that there is no previous conviction exceeding a fine, and the fact that the person detained for one month and has hours of his/her own lodging: Other consideration, such as the defendant’s age, sex, environment, motive for the act

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