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(영문) 서울북부지방법원 2019.10.31 2019고단3788
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:58 on July 1, 2019, the Defendant driven a D again-run car without a driver's license in the section of about 50km from the front of the Seocho-gu Seoul Metropolitan Government B building to the front of the Incheon Dong-gu C.

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 driving without a license around 2016 and around 2017, but the Defendant committed the instant crime of driving without a license in the section up to 50 km in the time, and there is not good quality of such crime, and the Defendant has a criminal record related to driving without a license on two occasions.

However, the defendant's mistake is divided and again is expected not to drive without a license, and traffic accidents occur due to the crime of this case, there is no record of criminal punishment exceeding a fine, and other factors of punishment as ordered, such as the defendant's age, character and conduct, intelligence and environment, family relationship, circumstance at the time of the crime, etc., shall be determined by taking into account the various factors of punishment as shown in the trial of this case, such as the defendant's age, character and behavior, intelligence and environment, family

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