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(영문) 수원지방법원 평택지원 2014.01.07 2013고단1390
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 30, 2013, the Defendant, without obtaining a driver's license on August 10, 2013, driven a D Poter vehicle at approximately 7 km from the vicinity of the dog in Pyeongtaek-si to the front road of the 171 U.S. E. B. B. to the 171 U.S. E. B. B., the Defendant, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and the protocol of driver's license;

1. A criminal investigation report (to hear statements from shots);

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 62 (1) of the Act on the Suspension of Execution. The defendant asserted to the effect that the defendant was in a state of mental disorder or mental disorder such as the recovery due to severe influence at the time of the crime of this case. However, in light of the circumstance and method of the crime and the circumstances after the crime, etc., the defendant did not seem to have lost or weak ability to distinguish things at the time of the crime, and therefore, the above assertion is rejected.

It is necessary to strictly punish the defendant for sentencing in light of the fact that he/she again commits the crime without being aware of the fact that he/she had been punished several times due to unauthorized driving, drunk driving, etc.

However, in addition to the fact that the defendant is recognized as committing a crime and the defendant has no criminal record exceeding the fine, the defendant's age, occupation, family relation, health status, and criminal records, etc. shall be sentenced as ordered by the decision.

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