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(영문) 의정부지방법원 2018.09.18 2018고단3363
도로교통법위반(무면허운전)
Text

1. The defendant shall be punished by imprisonment for four months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

피고인은 2018. 6. 24. 11:00 경 강원 속초시 청호 호 반로 174 소재 강릉 짬뽕 순두부 동화 가든 앞 도로에서부터 같은 시 교동 청대로 301 소재 만천 주유소 앞 도로에 이르기까지 약 1km 구간에서, 자동차 운전면허를 받지 아니하고 B 아반 떼 승용차량을 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a driver's license;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Persons obliged to provide community service and attend lectures, and Article 59 of the Act on the Punishment of Sentencing has inherent risks that may cause serious harm to the lives and property of a large number of persons, thus, the driver’s license system was enacted to allow a person who has acquired a driver’s license in accordance with the procedures determined by the State to drive a motor vehicle in advance to reduce

Nevertheless, there is a need to punish it strictly, as the act of committing a crime is frequently taking place in view of the purpose of the current system as above, and is frequently taking place the act of driving without a license.

In light of this point, the illegality of the crime of this case committed without a license is not against the law.

In addition, the defendant had been punished twice 2015 and once 2016 for drinking driving, and even though his license was revoked due to drinking driving, he was punished on September 12, 2017 as a crime of violating the Road Traffic Act (unlicensed Driving) on September 12, 2017, and again committed the instant crime, and there is a need to punish him with heavy punishment.

However, the defendant recognized all of the crimes of this case and reflected, and the defendant was punished in excess of a fine.

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