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(영문) 수원지방법원 2018.10.30 2018고단4637

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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.

Reasons

Punishment of the crime

On July 23, 2018, the Defendant, without obtaining a driver’s license on a motor vehicle from around 19:40 on July 23, 2018, driven the B-learning motor vehicle on the road 1184 prior to the Suwon-si, the Suwon-si, the order of the Suwon-si, to the road in front of 1086.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report, on-site photographs;

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. On January 10, 2017, the crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act was committed by the Defendant, whose driver’s license was revoked due to driving under drinking on January 10, 2017, and the nature of the crime is not less than that of the Defendant, and the Defendant is highly likely to be subject to criticism in that: (a) the Defendant, after the revocation of the driver’s license, was discovered by driving without a license and was subject to a fine on June 1 and August 2017; and (b) re-driving without being aware of the fact that

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 circumstances after the crime, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant has recognized the crime of this case; (b) the defendant has no record of being punished for a stay of execution or more; and (c) the defendant has no record of being punished until that time; and