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(영문) 의정부지방법원 2021.02.03 2020고단3643
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 30, 2020, the Defendant driven D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

On September 7, 2020, the Defendant driven a car at the H window, without obtaining a driver's license, from the front of the K Center located in the Blucheon-si and in the Blucheon-si and in the Blucheon-si and in the vicinity of G in the G.30km.

Summary of Evidence

[200 Highest 3643]

1. The defendant's statutory statement, detection and report of violation of the Traffic Act (unlicensed Driving) and the situation of unauthorized Driving of Motor Vehicles and the report of the driver's license register [20 order 5876] the defendant's legal statement I and J reports the occurrence of traffic accidents in each police's statement report to the defendant I and J, and the investigation results of the investigation into the ledger of driver's licenses

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

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. The Defendant committed each of the instant crimes without a driver’s license even before the reason for sentencing Article 62-2 of the Criminal Act on the observation of protection and observation, even though he had been subject to punishment several times due to driving without a driver’s license.

On June 30, 2020, the driver was indicted for driving without the driver's license on June 30, 2020 and served with a copy of the complaint on August 4, 2020, and there is a high possibility of criticism in that the driver was driving without the license on September 7, 2020.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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