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(영문) 수원지방법원 2017.12.12 2017고단5583

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On June 24, 2017, at around 15:00, the Defendant driven a vehicle CK5 vehicle without obtaining a driver's license, from the front of the Jindo-ro 34 Do-ro 12 Puwon apartment road to the front of the Suwon-si Do-ro 134 Do-ro Do-ro Do-ro, Suwon-si Do-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Application of the investigative report (Attachment to the ledger of driver's licenses for suspects) Acts and subordinate statutes;

1. Circumstances favorable to the defendant for the reasons for sentencing of punishment of imprisonment, as follows, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the relevant criminal facts, Articles 152 Subparag. 1 and 43 of the Road Traffic Act, and Articles

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

The instant crime did not cause any personal and material damage.

The defendant has no previous convictions of imprisonment.

The defendant is in the position to support the mother's father and seems to be in the scheduled marriage.

Circumstances unfavorable to the defendant are as follows:

The defendant was sentenced to a fine of KRW 2 million due to driving without a license in 2016, and the defendant was sentenced to a suspended sentence of KRW 2 million due to drinking or driving without a license in 2017.

Nevertheless, the Defendant committed the instant crime again during the period of probation.

In 2011, the Defendant had been sentenced to one year of suspended sentence for four months due to drinking driving, etc., and was sentenced to two times of fine due to drinking driving, in addition to the above previous convictions.

There is no special circumstance for the defendant to drive.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime, the sentence is inevitable, and thus, the sentence is to be determined as per Disposition.