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(영문) 수원지방법원 2020.11.13 2020고단4090
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 June 15, 2020, at around 15:42, the Defendant driven a DG car without obtaining a driving license from around about 100 meters from the road in front of the Defendant’s dwelling in Suwon-si B to the front road of the apartment in the Dong-gu Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence of cases, and the register of driver's licenses;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Relevant Article of the facts constituting a crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on probation;

1. The fact that the reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures shows the attitude of the defendant to recognize and reflect the crime of this case is favorable to the defendant.

On the other hand, the fact that the defendant has been punished several times due to the same crime is disadvantageous to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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