logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.09.18 2019고단2685
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On March 19, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) on March 19, 2019, at around 15:14, the Defendant driven a 31 ton cargo vehicle without obtaining a driver’s license in the section of about 9 km from the front of the Defendant’s house located in Gyeonggi-gu Hyeong-gun B to the river intersection located in Gyeonggi-gu, Gyeonggi-gu, Cheongpyeong-gun, the river intersection.

2. On March 22, 2019, the Defendant, at around 15:50 on March 22, 2019, driven a c1 ton cargo vehicle without obtaining a driver’s license from around 1km of the Defendant’s house located in Gyeonggi-si B to E Union located in Pyeongtaek-gun D, from around 1km of the Defendant’s house to around 1km of the E Union located in Gyeonggi-gun.

3. On April 8, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) on or around April 8, 2019, the Defendant driven a 31 ton cargo vehicle without obtaining a driver’s license in the section of about 9 km from the front side of the Defendant’s house located in Pyeongtaek-gun B to the river intersection located in Pyeongtaek-gu, Cheongpyeong-gun, Sin-do.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act (driving without a license) and reporting on the situation of driving without a license;

1. Notification of the results of cooperation in investigation;

1. Application of the statutes on the register of driver's licenses;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one month to one year and six months;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. Although the Defendant was punished for a violation of the Road Traffic Act (unlicensed Driving) around 2010 and around 2014, the Defendant has a high possibility of criticism in that he/she purchased a motor vehicle and repeated drive without a license.

However, the defendant does not commit a second offense.

arrow