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(영문) 수원지방법원 2019.10.17 2019고단4224
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 7, 2019, at around 09:45, the Defendant driven a D New Zealand X-D car without obtaining a driver’s license from the front day of the “CCC Center” to the front day of the Simsan Plsan Plsan-dong located in the Simsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes to the driving license ledger;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the Defendant, whose driver’s license was revoked on August 13, 2014 due to drunk driving, and the crime of this case is not less than that of the crime. The Defendant had a total of four times or more, who was punished for driving without a license, and the Defendant was engaged in the instant unlicensed driving without being aware of the past record of punishment for driving without a license after the revocation of the driver’s license, and there is a lot of possibility of criticism.

However, in light of the fact that the defendant recognized the crime of this case and divided his mistake, and other circumstances that are conditions for sentencing as shown in the records, such as the age, character, conduct and environment of the defendant, the punishment as ordered shall be determined.

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