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Reasons
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(영문) 의정부지방법원 2019.11.27 2019고단2927
도로교통법위반(무면허운전)
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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

1. On April 8, 2019, at around 11:20, the Defendant driven the vehicle at a section of about 6 km from the front of the Defendant’s house located in Macheon-si B to the front of the warehouse located in a place where it is impossible to identify the detailed address at the same time, without obtaining a driver’s license, and thereafter, the Defendant driven the vehicle at a section of about 500 meters from the front of the road located in Maju-si D to the front of the F.m. on the same day without obtaining a driving license.

2. On April 13, 2019, at around 10:35, the Defendant driven C Poter II cargo without obtaining a driver’s license from the front of the Defendant’s house located in Spocheon-si B to the G-si roads near both cities.

3. On April 27, 2019, around 12:40, the Defendant driven CPoter II truck without obtaining a driver’s license in the section of about 4 km from the front of the warehouse in which the name of the Defendant is unknown at a location below H is unknown, to the front of the warehouse in which the name of the Defendant is unknown at a location below H, Macheon-si, Macheon-si to the front of the warehouse in which the detailed address is unknown.

4. On May 6, 2019, at around 08:06, the Defendant driven C Poter II cargo without obtaining a driver’s license in a section where it is impossible to find out the detailed distance from the front of the Defendant’s house located in Spocheon-si B to the front of the Defendant’s house, after going through a place where the Defendant’s detailed addresses are unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. Vehicle details;

1. Application of related Acts and subordinate statutes to photographs;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order shall not drink or drive without permission even before.

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