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(영문) 수원지방법원 2017.11.21 2017고단5677
도로교통법위반(무면허운전)
Text

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 July 21, 2017, around 05:30, the Defendant driven a motor vehicle of the Republic of Korea without obtaining a motor vehicle driver’s license in approximately 20 km section from the front of the second apartment road of the Annsan-si, a member of the 44-ro, to the front day of the 218-gil 122, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing enforcement photographs;

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 acknowledged his mistake while making a confession of the instant crime, and the Defendant did not cause other damages, such as traffic accidents, and driving a motor vehicle for livelihood

On April 7, 2017, the Defendant had the driver’s license revoked; the Defendant has no record of being punished in excess of a fine; and the Defendant has to support his/her spouse and children yet to be aged.

[Unfavorable Circumstances] The crime of this case is that the defendant driven a vehicle without a driver's license without a driver's license and has a record of being punished four times due to the same traffic crime of violation of the Road Traffic Act (unlicensed driving) and violation of the Road Traffic Act (driving without a driver's license).

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