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(영문) 의정부지방법원 2017.07.25 2017고단1116
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, on February 26, 2017, driven a B-learning car at the section of approximately 12.5 km from the front of the 8-8 Dae-dong apartment parking lot, 1308, Gyeongyang-si, Gyeongyang-si, Namyang-si, Gyeonggi-do on February 26, 2017 without obtaining a driver's license, to the end of about 12.5 km in the section of approximately 12.5 km in front of the 504, South Eup/Myeon.

On April 20, 2017, the Defendant 1967, around 15:06 on April 20, 2017, driven a C string truck without the driver’s license in the section of about 15 km from the 1308 large-type apartment to the 8-12 large-type apartment to the end of the Guri-si to the 8th three km long-distance road at the Guri-si.

Summary of Evidence

"2017 Highest 1116"

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license and inquiry of driver's license "2017 Highest 1967";

1. Statement by the defendant in court;

1. Reporting on detection of suspected providers of violating the Traffic Act (non-licensed driving) on the road, and the application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and selection of imprisonment with prison labor;

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. The Defendant, with the reason of sentencing in Article 62-2 of the Criminal Act, repeated the instant unlicensed driving even before three times before driving without a license, despite the previous three times before the observation of protection and the order to provide community service and attend lectures, and is very serious in that he/she again drives without a license while continuing the instant judgment on driving without a license under Article 116 of the High Order 2017.

However, the punishment shall be determined in consideration of the fact that there is no previous conviction in excess of the fine, and reflects.

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