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(영문) 수원지방법원 2019.01.15 2018고단5373
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On December 15, 2017, the Defendant, without obtaining a driver’s license on December 13:24, 2017, driven a D low-priced car from the front Do of the Suwon District Court located in Young-gu 80, Suwon-si, Suwon-si, to the front road located in Suwon-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The driver's license ledger and the next registered inquiry;

1. Application of Acts and subordinate statutes on the screen by capturing a video;

1. Relevant Articles of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and conditions favorable to the defendant for the reasons for sentencing of imprisonment shall be as follows:

The defendant recognized the crime of this case and is against the mistake.

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

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

The Defendant was sentenced to a fine in 2008 and 2009 on the grounds of drinking driving, and was sentenced to a two-year suspended sentence in 2017, and was again sentenced to a two-year suspended sentence during the suspended sentence period (the Defendant appears to have continued to drive without obtaining a license in addition to the instant crime). The instant case was investigated by the Defendant’s wife while reporting the Defendant’s without a license to drive to an investigative agency. The Defendant continued to deny the Defendant’s crime until the initial investigation by the prosecution and presented the materials related to driving.

In addition, the defendant was subject to a disposition of non-right of prosecution on the ground that he did assault against his wife on the ground that he reported himself, and that his wife was not subject to investigation by an investigative agency, and that he was not punished by the defendant.

In addition to the above circumstances, considering the Defendant’s age, character and conduct, career, environment, background and result of the crime, and all of the sentencing conditions indicated in the instant records and pleadings, the sentence shall be imposed on the Defendant.

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