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(영문) 의정부지방법원 2017.12.05 2017고단2861
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2017, the Defendant was sentenced to imprisonment with prison labor for six months for a crime, such as violation of road traffic law, at the Seoul Eastern District Court on June 21, 2017, and the said judgment became final and conclusive on June 29, 2017.

On April 19, 2017, the Defendant, without obtaining a driver’s license, driven a DV cruise car at approximately 2Km from the front of the road of 408, which was about 129 U.S., the 76 U.S., the 40-h. Sim., the 136-h. Sim., the 76-h. Sim., the 408-h. Sim. to the front of the 129 U.S., the Defendant driven a DV cruise car.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (driving without a license) and reporting on the situation of driving without a license;

1. Scenic photographs;

1. Details of driver's license revocation;

1. Details of issuance of temporary driving certificates and issuance of temporary driving certificates;

1. A written cancellation;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after ascertaining such minor convictions;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as the fact that the accused has been punished several times for the same kind of crime, is not that of the crime liability.

However, the defendant shows that he will not reflect his mistake and repeat his offense.

It is clear that the social relationship of the defendant is clear.

In addition, the defendant's age, sex, environment, method and attitude of the crime, circumstances before and after the crime, and road traffic law violations as stated in the judgment, etc. are concurrently judged and the punishment shall be determined by taking into account the various circumstances shown in the arguments of this case, such as equity, etc.

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