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(영문) 수원지방법원 2020.02.06 2019고단6216
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 June 2, 2019, around 12:22, 2019, the Defendant driven Drocketing car without obtaining a driver's license from the distance of about 8km from the front of Suwon-si B apartment at Suwon-si to the front of Suwon-si C.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture or order to attend a community service order was that the Defendant did not obtain a license again even though the license was revoked due to drinking driving in 2017, and the occurrence of any further traffic accident.

Even according to the statement made by the defendant in the investigation agency, the defendant seems to have continued to drive without permission in addition to the case.

The defendant has been punished twice as a fine due to drinking driving, and twice as a result of a crime of different types.

However, in light of the fact that the defendant recognized the crime, that there was no particular damage due to traffic accidents, that the defendant was suspected to have driven alcohol, but there is no particular evidence to acknowledge it, that there was no previous conviction for driving without a license, and that the child suffering from disability is supported, the sentence of the defendant's sentence against the defendant is harsh, and all other sentencing conditions in the records of this case are considered as ordered.

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