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(영문) 수원지방법원 2019.10.18 2019고단3396

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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

On June 12, 2019, at around 11:40, the Defendant driven a B-II truck without obtaining a driver’s license from approximately 80km section from the area near the So-ri-si, Busan Metropolitan Highway, which is located in Jinju-si, to the point where 71km is located in the Jinju-si. The Defendant driven a B-II truck without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes to the registers of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including one time a suspended sentence, can be punished for driving without a license or driving under drinking, on several occasions;

It is a crime during the same probation period.

(However, it is difficult to see that there is a circumstance that the probation period is too excessive, and the driving distance is reasonable.

Therefore, it is necessary to punish the defendant strictly.

However, the fact that the defendant committed a mistake properly, the number of unauthorized driving stated in the facts charged is one time, and the decision of the suspended sentence is evaluated to raise the possibility of criticism for repeated drinking driving, and the fact that the defendant is not driving in the state of taking the principal into consideration the circumstances favorable to the defendant, and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, career, environment, circumstances and result of the crime, etc., shall be determined as ordered by taking into account all of the sentencing conditions specified in the records and arguments of this case.