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(영문) 의정부지방법원 2016.10.13 2016고단1107
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 March 7, 2016, the Defendant, around 08:25, 2016, driven C Poter Cargo Vehicles without obtaining a driver’s license from around about 500 meters from the 72-3rd road of the Dong-gu, Dong-si, Dong-si to the front road of the 31st Godong-si.

around 09:30 on July 19, 2016, the Defendant driven a D body-man car without obtaining a driver's license in the section of about 3 km from the front side of the "Sari-ro 64, Sari-ro 64, Sari-si, Gyeonggi-do, to the front side of the "Sari-gu, Sari-gu, Sari-do," to the front side of the same 188 km-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes to each license ledger;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime; and

1. Selection of each sentence of imprisonment;

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 reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture has already been punished on several occasions by drinking, driving without a license, etc., and there is a need for a strict punishment in light of the fact that the defendant again drives without a license during the trial.

However, the sentencing conditions shown in pleadings, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., are taken into account and against the defendant's mistake, the fact that the defendant does not drive without a license, and the punishment as ordered shall be determined by taking into account the sentencing conditions shown in the arguments, such as the circumstances after the crime.

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