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(영문) 의정부지방법원 2020.03.30 2019고단5370
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 07:40 on September 24, 2019, the Defendant driven C 3 cargo vehicles without obtaining a driver's license until the entrance of the Seongbuk-gu Seoul Yung-ro 6-7, Seongbuk-gu, Seongbuk-gu, Seoul, at the front of Yangju-si, with the internal circulation of 57-7.

around 09:40 on October 14, 2019, the Defendant driven C salary class III truck from 1.5 kilometers to 1.5 kilometers from the Viewing government of the Dong Government-dong to the front road of the same city-dong culture intersection without a driver's license.

Summary of Evidence

"2019 Highest 5370"

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and a statement of control;

1. "Motor vehicle driver's license register";

1. Defendant's legal statement;

1. State of operation without a license, report on the state of operation, and vehicle photograph;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the selection of applicable laws to facts constituting a crime, the selection of punishment, and the selection of imprisonment;

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

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

1. The Defendant committed each of the instant crimes even though he/she had been punished for each of the crimes of violation of the Road Traffic Act (unlicensed Driving) around 2005, around 2008, around 2008, around 2010, around 2014, around 2015, and around 2015.

In particular, the gap between each of the crimes of this case is not about 20 days, and the crime is bad.

The punishment as ordered shall be determined by comprehensively taking into account the records and arguments of this case, such as the previous punishment records, the age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc. of the defendant.

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