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(영문) 의정부지방법원 고양지원 2017.11.23 2017고단3025
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인은 2017. 9. 18. 10:50 경 파주시 운 정역 길 368 앞 도로부터 같은 시 경의로 1324에 있는 벧 엘 교회 앞 사거리까지 약 2km 구간에서 자동차 운전면허를 받지 아니하고 B 차량을 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. The Defendant, on March 6, 2015, was punished by a fine on the grounds of sentencing under Article 62(1) of the Criminal Act, on March 6, 2015, and in particular, on March 30, 2017, the Defendant again committed the instant crime even if he/she was punished by a fine for a crime of violating the Road Traffic Act (unlicensed Driving).

In light of the repetition of the punishment, it is difficult to expect the effect of the punishment of the fine.

However, there are no criminal records of the same kind that the defendant is against and has been punished beyond the fine.

In addition, the punishment shall be determined as ordered in consideration of the records of this case, such as the defendant's age, sex, health, family relationship, and all of the sentencing conditions identified in the trial process.

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