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(영문) 수원지방법원 2020.12.11 2020고단4579
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 19:00 on May 31, 2020, the Defendant driven DM5 automobiles without obtaining a driver's license from around 6 km section from the right line B market in Suwon-si to the front road in the time of harmony.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report on the operation and state of driving without a license;

1. Application of the ledger of driver's licenses (10 pages of evidence), and the provisions of Acts and subordinate statutes concerning tea checking;

1. Relevant Article of the facts constituting a crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend Education was clearly known by the Defendant on June 30, 2018 due to driving under influence of alcohol, and the Defendant committed the instant crime. The Defendant is driving without a license on May 19, 202, which was 12 days before the instant crime.

The Defendant committed the instant crime without being able to take special account of the occurrence of the instant crime even though it was discovered, and the fact that there was no motive or circumstance to take special account of the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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