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(영문) 수원지방법원 2018.05.29 2018고단1360

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four 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 March 6, 2018, at around 07:20, the Defendant driven a car with B, without obtaining a driver’s license, from around 1km section from around 42-1 to around 559 to around 559, a car in the air of the Postal Eup in the Postal Administration Eup in the Sungsung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act was committed by the Defendant, who did not obtain a driver’s license, and the nature of the crime is not weak, and the Defendant was a driver’s without a license in 2006, a driver’s license in 2009, a non-exclusive driver’s license in 2010, a non-exclusive driver’s license in 2010, a non-exclusive driver’s license without license in 2016, and a person was punished for a fine due to non-exclusive driver’s license in 2016, but there is a little possibility

However, in light of various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case and the fact that the defendant has not been subject to a suspended sentence or heavier punishment for the past ten years, and the defendant's age, sex, environment, motive, means and consequence of the crime of this case, etc., the punishment as ordered shall be determined by taking into account the following circumstances.