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(영문) 수원지방법원 2019.07.25 2019고단2664
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

On April 21, 2019, the Defendant 2019No2664 driven a DNA car at approximately 80 meters from the Do in front of the Suwon-si, Suwon-si to the front of the Gu, without obtaining a driver's license, at around 19:35, the Defendant driven a DNA car at around 80 meters from the Do in front of the Gu.

around 13:50 on May 28, 2019, the Defendant driven a H trading car without obtaining a driver’s license from around 100 meters from the front of the “F” road in the sphere E at Suwon-si, Suwon-si, Suwon-si, to the front of the G road in the sphere of about 100 meters.

Summary of Evidence

"2019 Highest 2664"

1. Defendant's legal statement;

1. A driver's license inquiry letter "2019 Highest 2989";

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The instant crime with the reason of sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing is that the Defendant, whose driver’s license was revoked on January 29, 2019 due to drunk driving, is not less than the nature of the crime. The Defendant, as seen above, did not entirely reflect on the period during which the driver’s license was revoked and the trial was rendered due to drunk driving (the date and date of the trial of the instant case on April 26, 2019 and May 15, 2019) (the date and date of the trial of the instant case are April 21, 2019 and May 28, 2019).

In addition, there is a lot of possibility of criticism in that the defendant has been punished for driving under drinking or driving without a license on several occasions.

However, the punishment as ordered shall be determined in consideration of various circumstances, such as the defendant's age, character and conduct, and environment, that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of punishment more than a suspended sentence, and that there is no record of punishment.

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