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(영문) 의정부지방법원 2019.10.23 2019고단2640
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 19:42 on March 11, 2019, the Defendant driven an E-E-purd motor vehicle without a driver’s license in a section of about 200 meters from the front of the Gu Government-si to the roads near the D Elementary School located in the Gu Government-si C.

around 05:40 on April 13, 2019, the Defendant driven an E-to-purd motor vehicle without obtaining a driver's license from around 2 km section from the front road to peace, 762, to the Green Sea.

Summary of Evidence

"2019 Highest 2640"

1. Defendant's legal statement;

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

1. "Register of driver's licenses": 2019 Highest 1874;

1. Defendant's legal statement;

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

1. Photographs of the skin vehicle;

1. Application of Acts and subordinate statutes concerning disqualified meetings of the main office;

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

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: One month to one year;

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

3. On October 19, 2017, the Defendant was sentenced to a summary order of KRW 3 million with a fine of KRW 500,000 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act at the Jung-gu District Court on March 5, 2018, and the Defendant was sentenced to a summary order of KRW 2.5 million with a fine of KRW 2,50,000 due to a violation of the Road Traffic Act and a violation of the Road Traffic Act at the Jung-gu District Court on March 5, 2018. However, the Defendant was prosecuted without a license on March 11, 2019, as if he were prosecuted on April 13, 2019, and again, was indicted on April 13, 2019.

However, under favorable circumstances, the fact that the defendant disposed of the vehicle and did not repeat the vehicle shall not be considered again, and the age, character and conduct, family relationship, and family relationship of the defendant.

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