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(영문) 의정부지방법원 2018.11.07 2018고단3373
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 10, 2018, the Defendant driven a vehicle B, without obtaining a driver’s license, from a distance of about 500 meters from 14:57 to the lower-speed road located in the Republic of Korea located in the Eup/Myeon due to the same time from the Maart, which is located in the front of the lower-speed road in the Eup/Myeon due to the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant has no record of obtaining a driver’s license, and thus, the risk of driving without a driver’s license is large.

Since 2012, it has been sentenced to a fine three times due to driving without a license.

However, this case driving does not cause a traffic accident, and the age, sex, environment, motive, means and consequence of the instant crime, the circumstances before and after the instant crime, and other factors of sentencing as shown in the argument of this case shall be determined by taking into account the following as a whole:

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