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(영문) 수원지방법원성남지원 2020.10.13 2020고단1270

도로교통법위반(무면허운전)등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 14:30 on June 8, 2019, the Defendant driving a DNA cargo vehicle without obtaining a driver’s license in a section of about 8 km from Seongbuk-gu, Sungnam-si to Sungnam-si, and from Sungnam-si, to about 3km-si, Sungnam-si.

2. On June 8, 2019, the Defendant violated the Resident Registration Act: (a) on the front day of Sungnam-si, Sungnam-si; (b) on the front day of the revision of the Resident Registration Act, the Defendant unlawfully used the Defendant’s resident registration number as if the Defendant’s relative E, a relative relative, was his/her resident registration number, in order to conceal the Defendant’s unlicensed driving that was required to present the driver’s license, by controlling the police officer on the fact that the passenger did not fasten the

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement, name, questioning, confirmation, internal investigation report, the ledger of driver's license, written statement, car inquiry, resident inquiry, and investigation report;

1. The choice of punishment for the relevant Article of the crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and subparagraph 10 of Article 37 of the Resident Registration Act (the point of illegally using resident registration numbers) shall be sentenced to imprisonment with prison labor for the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act recognizes the defendant's crime, the fact that the defendant has been punished for driving without a license three times, other circumstances revealed in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, and the sentencing conditions under Article 51 of the Criminal Act shall be determined by taking into account.