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(영문) 서울북부지방법원 2019.11.28 2019고단3153
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 26, 2019, around 02:20 on June 26, 2019, the Defendant driven a DNA halog car without obtaining a driver’s license from around 1.7 km to the front road of the Seoul Northernbuk-gu Seoul Metropolitan Government.

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. In light of the pertinent Article of the Criminal Act and Articles 152 subparag. 1 and 43 of the Road Traffic Act’s provision regarding the punishment for the crime of this case, and the following facts: (a) the Defendant had been subject to criminal punishment on two occasions on or more than three occasions due to a unlicensed driving; (b) the Defendant was sentenced to a suspended sentence of one year for six months due to a violation of the Road Traffic Act on March 28, 2019; and (c) the Defendant committed the crime of this case on or more than three months since he/she was sentenced to a suspended sentence of one year for six months due to a violation of the Road Traffic Act on March 28, 2019, it is reasonable to allow the Defendant to abandon the habit of the non-licensed driving through a detained life for a certain period of time.

However, it appears that the defendant would not drive without a license again, etc., the distance of the defendant's driving is very long, traffic accidents have not occurred due to the crime of this case, crime of this case has no criminal records, 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, etc., shall be considered and determined as ordered.

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