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(영문) 의정부지방법원 고양지원 2018.11.02 2018고단1862
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

On April 6, 2018, the Defendant driven a cub car to C without obtaining a driver's license in the section of approximately 8 km, the center of the Dong-gu, 1182 Olympic Sports Center, around 10:50 on the same day, from the road of the 3rd Haak-gu, Seo-gu, Busan, Seoyang-gu, Hayang-gu, and the 5rd Haak-si, the 10:50 on the same day from the road of the 10:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 152 of the Road Traffic Act, Articles 152 (1) and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order has the record of being punished for the same crime.

In particular, on January 17, 2018, the Defendant, while driving a drinking alcohol, was revoked on February 17, 2018, but two months have not passed from the revocation of the license, and the quality of the crime is not good.

However, it is against the defendant's wrong recognition and the fact that the defendant does not drive again shall be considered as favorable circumstances, and the punishment as ordered shall be determined by considering all factors of sentencing as shown in the argument of this case, such as the developments leading to driving without a driver's license, driving distance, driving distance, age, sexual behavior, environment, etc.

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