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(영문) 서울북부지방법원 2019.06.20 2019고단996
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 27, 2019, at around 10:15, the Defendant driven a benz car without obtaining a driver’s license in a section of about 300 meters from the scopic boundary of the Suwon-si, Suwon-gu, Suwon-si to the same 2065-ro copic of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had a history of serving several times of punishment due to driving without license, etc., and thus, a corresponding punishment is needed.

However, there is no heavy criminal punishment that the defendant has divided his or her wrong and reflects his or her wrongness, and is more severe than a fine.

The defendant is supporting a family most recently at one family.

Taking into account such circumstances and other conditions of sentencing as prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, and environment, the court decides to trust the Defendant’s identity only once and to suspend the execution of the above imprisonment. The sentence is determined as per Disposition.

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