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(영문) 수원지방법원 2017.07.18 2017고단2795
도로교통법위반(무면허운전)
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 15, 2017, at around 10:35, the Defendant driven a B-type cargo vehicle without obtaining a driver's license from the front side of the head of the Dobong-gu Seoul Metropolitan Government, to the front side of the 195 km-ro, Samcheon-ro, Samcheon-ro, 195, to the front side of the 11km-ro.

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 (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[ favorable circumstances] The Defendant: (a) led to the confession of the instant crime and recognized his mistake; (b) the Defendant did not cause other damages, such as traffic accidents; and (c) was driving without a license for living.

It can be seen that the defendant has no record of criminal punishment in excess of a fine.

[Unfavorable Circumstances] The crime of this case is a case where the defendant drives a vehicle without a driver's license, and the quality of the crime is not good, and the defendant was revoked on March 11, 2015, and the defendant has been punished four times due to a violation of the Road Traffic Act (toxicated Driving) and a violation of the Road Traffic Act (non-licenseless Driving).

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