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(영문) 수원지방법원 2018.10.23 2018고단4654

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 July 18, 2018, the Defendant driven a Brocketing-Pacific freight vehicle without obtaining a driver's license from around 7 km to the point of 379 km from the border near the Dongnam Station to the point of 379 km on the Gyeongnam Highway.

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grounds of sentencing Article 62-2 of the Criminal Act on October 26, 2012, where the Defendant, whose driver’s license was revoked due to drinking driving on the ground of his/her alcohol driving on the ground that the crime of this case, is not less than that of the crime, and the Defendant, as above, was found to have been punished on September 26, 2015, July 2016, and July 2017 after the revocation of his/her driver’s license, despite the fact that he/she was found to have been sentenced to a fine on the ground of his/her non-licensed driving on the ground of his/her own without being well aware, there is a lot

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of being punished by a suspended sentence or more due to driving without a license, and other various circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined.