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(영문) 수원지방법원 2020.01.08 2019고단4877
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 2, 2018, the Defendant sentenced the Suwon District Court to six months of imprisonment for violating the Road Traffic Act (unlicensed Driving) and completed the execution of the sentence in the Suwon Detention House on March 31, 2019.

On August 13, 2019, at around 01:30, the Defendant driven a Dol Bo S60 car without obtaining a driver’s license from approximately 2 km section from the coffee shop to the road front of the right line C oil station located in the right line B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without obtaining a license, driving license ledger, and making an inquiry into the vehicle register;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (referring to attachment of repeated crimes and related data);

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is that the defendant has been punished for driving without a license, and is a crime during the same repeated crime period.

The defendant's punishment is sentenced to the defendant because it is judged that the correction or improvement of the defendant is difficult any more because the fine alone is deemed to lack of compliance consciousness with the road traffic law.

However, it shall be considered in favor of the fact that the defendant committed a mistake in a timely manner, the number of unauthorized driving stated in the facts charged is one time and driving distance is not driving distance, and the personal and physical accidents do not occur, and the defendant's age, character and behavior, career, environment, circumstances and result of the crime, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, shall be determined like the order.

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