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(영문) 수원지방법원 평택지원 2021.01.22 2020고단1355

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

Punishment of the crime

On May 30, 2020, the Defendant driven a D car without obtaining a driver's license from around 2 km section from the front of Pyeongtaek-si apartment to Pyeongtaek-si apartment road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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 sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

The license was revoked due to a traffic accident caused by drinking driving, and thereafter, the driver was driving without a license on November 11, 2019 and was issued a summary order of a fine of KRW 1 million on February 28, 2020 on February 28, 2020, and was driving without a license again at the time of the lapse of three months: The fact that the possibility of criticism seems to have a view to recognizing and opposing the crime.