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(영문) 수원지방법원 2019.05.16 2019고단687

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:10 on December 20, 2018, the Defendant driven a 30-meter distance from B to D building before the cancellation of the car driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the Defendant, whose driver’s license was revoked on January 13, 2016 due to drinking driving, is not less and less than the nature of the crime, and the Defendant is not aware of the fact that he had been punished for a fine on two occasions after the revocation of the driver’s license, without being aware of the fact that he/she had been sentenced to a fine on two occasions, and that he/she was engaged in the instant unlicensed driving.

However, in light of the fact that the defendant recognized the crime of this case and divided his mistake, and other circumstances that are conditions for sentencing as shown in the records, such as the age, character and conduct and environment of the defendant, the punishment as ordered shall be determined.