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(영문) 의정부지방법원 2017.10.11 2017고단3295
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for a period of two months.

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

Reasons

Punishment of the crime

On March 24, 2011, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on March 24, 201, and the same court on March 17, 2015 issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act (non-licenseless Driving), and on May 19, 201, the Defendant was indicted for a summary crime of violating the Road Traffic Act (non-licenseless Driving) at the same court on May 19, 201 and is currently under trial.

On July 2, 2017, around 14:20, the Defendant driven a car with BNS G80 without obtaining a driver’s license from the Nam-si, Nam-si, Nam-si, Namyang-si, Seoul, to the 66 km apartment parking lot for the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license;

1. A written statement of vehicle operation;

1. The driver's license ledger;

1. Previous convictions: A reply to inquiries, such as criminal history, a copy of the indictment, and the application of the statutes governing the judgment;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's crime of driving without a license of this case with the reason of sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures is re-exploited after being subject to criminal punishment twice the previous two times.

In addition, it is difficult to be subject to punishment of a fine that is less narrowly.

However, the defendant has been remarkably divided and has not been punished for more than a suspended sentence except for a fine due to traffic-related issues.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.

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