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(영문) 서울북부지방법원 2019.07.25 2019고단2085
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for 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

At around 19:50 on March 24, 2019, the Defendant driven a Drails car without a driver's license from approximately 600 meters away from the road near Dongdaemun-gu Seoul to the front road of Dongdaemun-gu Seoul apartment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was subject to criminal punishment on two occasions due to an unlicensed driving, but the Defendant committed the instant crime without obtaining a license, and the nature of the offense is not good, and the Defendant has a number of criminal records related to driving under the influence of alcohol, including a four-time criminal record.

However, the defendant's mistake is divided into his own mistake and is expected not to drive without a license again, the distance of the defendant's driving is relatively short, the traffic accident occurred due to the crime of this case has not occurred due to the crime of this case, there is no criminal records punished as punishment, and other factors of sentencing as shown in the trial of this case such as the defendant's age, character and behavior, intelligence and environment, family relationship, family relationship, circumstances at the time of the crime, etc. shall be determined as ordered by the order.

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