logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.01.16 2018고단4655
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On June 13, 2017, the defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (unlicensed Driving) by the District Court of the Republic of Korea on June 13, 2017, and the probation period becomes final and conclusive on June 21, 2017.

On October 19, 2018, the Defendant driven D Poter Cargo Vehicles without obtaining a driver's license from the front side of the Do-Eup office in the Namyang-si, Namyang-si to the front side of C in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

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

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (attached reports, such as judgments of the same kind as a suspect), and statutes;

1. Article 152 subparag. 1 of the Road Traffic Act, Article 152 subparag. 1 of the Road Traffic Act, Article 43 of the reason for sentencing of sentence of imprisonment with labor, the defendant, after the driver's license was revoked in 2005, was sentenced to a fine five times for driving without a license, and the defendant, even though he had the record of three times of suspended sentence, without a license during the suspended period

Since there is no possibility of improvement to the defendant at all, the defendant will be sentenced to punishment.

While the Defendant was hospitalized in the hospital to receive necessary documents, the Defendant was driving the hospital. However, such circumstances can not justify the driving without the license.

However, by taking account of the fact that the defendant is aged, the age, character and conduct, the environment, the motive and background leading up to the crime of this case, the means and results thereof, the circumstances before and after the crime, and other factors of sentencing as shown in the arguments of this case, the punishment shall be determined as ordered

arrow