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(영문) 의정부지방법원 2016.11.18 2016고단3907
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person who drives two cargo vehicles B.

On July 5, 2016, at around 12:50, the Defendant driven the cargo vehicle without obtaining a driver's license from a street in the vicinity of the Daejeon Taedong-gu Daejeon to the point of 278 kilometers in the direction of the Busan metropolitan Highway from around 4km to the 278 kilometers in the direction of the Daejeon Seo-gu Busan metropolitan Highway.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. In light of the relevant legal provisions regarding criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act of the choice of the sentence, and the reason for sentencing of the sentence of imprisonment, the Defendant, after being punished by a fine for driving under the influence of alcohol or driving without a license in around 2000, shall be sentenced to a total of seven times (including a suspended sentence of imprisonment twice) only that he/she has been punished for continuing driving under the influence of alcohol or driving without a license. In particular, on May 25, 2016, the Seoul East Eastern District Court sentenced the Defendant to a suspended sentence of eight months for a violation of the Road Traffic Act (including a suspended sentence of two times) and was sentenced to a suspended sentence of eight months for a reason that he/she again committed a non-driving without the license in the instant case without being aware of

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant is against the mistake, the background leading up to the driving without the license of this case, and the age, character and conduct, environment, family relationship, circumstances after the crime, etc.

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