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(영문) 의정부지방법원 2016.09.23 2016고단1674
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2016, the Defendant driven C vehicle at a section of about 8 km from the Taedong-ri 183-2 to the roads adjacent to B at the upper end of the Gyeonggi-gu Gaeng-gun, 13:40 on April 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (driving without a license in violation of traffic laws on roads);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The circumstance in which the Defendant appears to have been subject to punishment for drinking or unlicensed driving only four times, despite the cancellation of the license, while holding the vehicle in his/her own name and continuously traveling along without obtaining a license: The Defendant has no record of being punished beyond the fine, and the Defendant has a disability on both arms, and thus, the Defendant was unable to apply for the practical examination on the ground that he/she was unable to obtain a license only on the ground that he/she was unable to obtain a written examination on the ground that he/she was unable to obtain a vehicle equipped with the above structure on the ground that he/she was unable to obtain a license under item (a) 4 of the Enforcement Rule of the Road Traffic Act [Attachment 20] because the Defendant was unable to apply for the practical examination on the ground that he/she was unable to obtain a written examination on the ground that he/she was unable to obtain a license on the ground that he/she was unable to obtain a vehicle equipped with the above structure on the ground that he/she was able from both arms.

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