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(영문) 수원지방법원 2018.08.07 2018고단2866

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

On April 22, 2018, the Defendant, without a driver's license of a motor vehicle around 10:10, driven a F Poter Cargo Vehicle from the front of the D in the ethm section to the E front road without a driver's license of a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses of the person under consideration and the register of the persons under consideration;

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. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is divided into and reflected in the crime of this case.

There is no record of criminal punishment exceeding the fine against the defendant.

It is clear that the social relationship of the defendant is clearly and there is a need to support his family.

Circumstances unfavorable to the defendant are as follows:

The defendant caused a contact accident while driving without a license.

The Defendant appears to have been drinking at the time of committing the instant crime.

The defendant was sentenced to a fine of KRW 1.5 million due to driving without a license in 2017, and a fine of KRW 5 million due to driving without a license in 2016, and was sentenced to a fine of KRW 5 million due to driving without a license in 2016, and was sentenced to a fine of KRW 1.5 million

In addition to the above circumstances, in consideration of the Defendant’s age, sex, career, environment, circumstances after the commission of the crime and the circumstances after the commission of the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions as indicated in the instant records and arguments.