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(영문) 의정부지방법원 2019.09.04 2019고단2168
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On May 17, 2019, around 08:50, the Defendant driven a freight vehicle of approximately 2 km from the front road of the 5 Macheon-si Office No. 119, to the center of the Macheon-si, 1-5, the center of the Macheon-si, and the front road of the 1-5 Macheon-si, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Photographs of the skin vehicle;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

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 was punished for each of the instant crimes of violation of the Road Traffic Act (unlicensed Driving) on or around two occasions around 2014, around 2016, and around 2017 (the former was pardoned by force around 2017).

The punishment shall be determined as ordered by a comprehensive consideration of the criminal records of a defendant, interval with the previous penal power, the age, character and conduct of a defendant, family relation, motive and means of a crime, circumstances after a crime, etc., various sentencing conditions shown in the records and arguments of this case and the life imprisonment of a prosecutor (six months of imprisonment).

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