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(영문) 의정부지방법원 2013.09.17 2013고단2514
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 12, 2013, at around 15:20, the Defendant driven B cargo vehicles without obtaining a driver's license from the front of the members Kinta-dong 900 to the front of the food village in the same 826-11.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the register of driver's licenses and disqualified statutes of the main office;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., are as follows: (a) Defendant has continued to engage in traffic accidents, drinking, and unlicensed driving from around 1990 to around 2012; and (b) among them, even though there has been an adequate punishment for suspended execution, there is little room for strict punishment of Defendant in light of the fact that the instant crime has been repeated.

However, in consideration of the fact that a person is a mere driver without a license, the confession of a crime, and the fact that the crime of the suspended sentence is around 2008, a punishment shall be determined as ordered and the execution of the sentence shall be suspended in order to give the defendant an opportunity for the last opening of the crime without a license or drinking, but probation, community service, and order to attend a lecture shall be imposed to prevent re-offending.

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