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(영문) 의정부지방법원 2020.01.15 2019고단3840
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

around 07:20 on August 6, 2019, the Defendant driven D DDama Trac Track Road without the driver’s license from the front of the B apartment at Yangju to the front of the Yangju City.

Around 07:10 on September 23, 2019, the Defendant driven a Gab Dob trucks without obtaining a driver’s license at approximately 11 km section from the front of the Yangju-si to the front of the F in Macheon-si.

Accordingly, the defendant driving an automobile without obtaining a driver's license.

Summary of Evidence

"2019 Highest 3840"

1. Defendant's legal statement;

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

1. A driver's license inquiry letter "2019 Highest 4491";

1. Defendant's legal statement;

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

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

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

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 December 12, 2017, the Defendant, who was sentenced to a sentence, is highly likely to be subject to criticism in that: (a) even though the Defendant was sentenced to a fine on August 29, 2018 due to driving without a license and was subject to the revocation of the license, the Defendant committed each of the crimes of this case within a short period of time, and (b) repeated the same offense.

In addition, the defendant has been punished for the violation of the Road Traffic Act (unlicensed Driving) on one occasion around 2007 and on two occasions around 2008.

However, the execution of a sentence shall be suspended considering the fact that the defendant has no record of punishment exceeding the fine, that the defendant does not repeat the crime, that the spouse is also trying to prevent the recidivism, and that the spouse wants to have the defendant endeavored to do so.

The age, character and conduct of the accused;

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