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(영문) 의정부지방법원 2018.02.21 2017고단4859
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 October 3, 2017, the Defendant driven a B-type cargo vehicle without obtaining a driver's license from around 60km-ro 60km-ro, Namyang-si, Youngdong-si, Youngdong-si, Youngdong-si, Seoul to around 20km-si, Namyang-si, Namyang-si, Nam-si, Namyang-si, Namyang-si, Seoul to about 60km-ro 622.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The written statement of the defendant;

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

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

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 suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is the sixth-free driver's license that has been discovered so far.

On the other hand, the defendant was sentenced to suspended sentence in 2015.

Nevertheless, in addition, the driver without the license of this case has been driving without the license of this case, and at the time of detection, the defendant tried to conceal his crime by driving the baby again after the escape.

In addition, it is difficult to select fines, and the scope of imprisonment is also difficult to be mitigated.

However, the defendant's behavior is now divided in depth.

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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