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(영문) 의정부지방법원 2019.05.01 2019고단659
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 17, 2019, at around 14:30, the Defendant driven a B-sized cargo vehicle without obtaining a driver's license in the section of about 50 km from the front side of the Flue Circulation Road to the point of 8.6 km above the Seoul Elue Circulation Expressway.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of unregistered driving and application of the laws and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

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

2. No sentencing criteria shall be set;

3. The Defendant was punished as a crime of violating the Road Traffic Act (unlicensed Driving) around 2015, around 2016, and around 2017, even though his/her driver’s license was revoked due to a drunk driving, etc. around 2013.

In particular, even though the suspended sentence was rendered in around 2017, it is necessary to punish the defendant.

However, taking into account the circumstances leading up to the instant crime, the Defendant is to be placed in the probation only once, and the Defendant’s age, character and conduct, family relationship, motive and means of the instant crime, circumstances after the crime, etc., and the various sentencing conditions as shown in the records and arguments, including the circumstances after the crime, and the life sentence of the public prosecutor, shall be determined as ordered.

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