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(영문) 의정부지방법원 2016.06.30 2016고단745
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2016, the Defendant driven CEX 745 without obtaining a driver's license in the section of about 5km from the front of the restaurant to the green distance intersection located in the meltyang-dong in the city of the Government from the front of the restaurant, which is a vice-day engineer in the Yangju-si, Yangju-si.

On April 8, 2016, the Defendant driven a motor vehicle without obtaining a driver's license from approximately 3 km to the front road of the Do government, which is located in the 545-ro, Seo-ro, 09:50, Seo-ro, 545, Seo-ro, Do-ro, the 2016 Highest 1263.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A person who operates a motor vehicle with reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and the order to attend lectures, is obligated to obtain a driver's license issued to a person with the ability to drive the motor vehicle and operate the motor vehicle with due care,

Nevertheless, the defendant has repeated driving without a license in the state of cancellation of the license and there is a need for strict punishment.

However, the defendant does not drive without a license.

The sentencing conditions specified in pleadings, such as the defendant's age, sexual conduct, environment, family relationship, motive, means and result of the crime, and the circumstances after the crime, shall be determined as the order.

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