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(영문) 의정부지방법원 2019.07.17 2019고단1404
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 January 6, 2019, at around 09:00, the Defendant driven a Crane car without obtaining a driver's license from approximately 20 km section from the front road of Songpa-gu Seoul Metropolitan Government to the front road of Guri-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the current status of driving without a license, and the application of Acts and subordinate statutes to the driving ledger (A);

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: One month to one year;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. The Defendant, who was sentenced to a fine on September 19, 2018, committed the instant crime again on January 6, 2019 where four months have not passed since the sentence was sentenced to a fine for violating the Road Traffic Act (unlicensed Driving).

The defendant has many records of punishment for the violation of the Road Traffic Act, and around 2015, he/she has been punished for suspended execution.

Imprisonment is selected in consideration of the criminal records, repetition of crimes, etc. of these defendants.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.

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