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(영문) 수원지방법원 2020.04.17 2019고단3970
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 15:30 on April 3, 2019, the Defendant, without obtaining a driver’s license, driven the ES5 car from around the C Community Center located in Suwon-si B to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of the Act and subordinate statutes to the register of driver's licenses (Recording nine pages);

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 distance of the defendant driven by the reason of sentencing under Article 62-2 of the Criminal Act is relatively short is the circumstances favorable to the defendant.

However, even if the defendant was punished twice by a fine in 2016 due to driving without a license in 2016 and was punished once a suspended sentence in 2017, the fact that the defendant again committed the instant crime is disadvantageous to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and circumstance of the defendant, etc., shall be determined as per the disposition.

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