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(영문) 의정부지방법원 2013.08.27 2013고단2270
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 5, 2013, at around 17:25, the Defendant driven B E-T truck without obtaining a driver's license from around 40km from the front of the Bosung-dong, Yangju City, to the front of the 346-1 located in the Electronic Ireland.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes recording on site photographs;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. lies in seven times of a licenseless driving. However, considering the fact that the sentence of imprisonment, among them, has three times of the suspended sentence of imprisonment, one time of the suspended sentence of imprisonment, and there is no record of obtaining a driver’s license regarding the instant cargo vehicle, there is room for strict punishment for the Defendant.

However, in the punishment of the previous sentence, although the unlicensed driving was used as a means of larceny, it was committed in the course of the present unlicensed driving in good faith, and there are some other circumstances to consider the circumstances of the crime, and the defendant does not repeat again, and considering the fact that the defendant does not repeat again, the punishment is to be determined as stated in the order of giving the defendant an opportunity to live within the framework of the law.

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