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(영문) 수원지방법원 2019.07.04 2019고단2325
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On December 20, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court on December 20, 2017, and the said judgment became final and conclusive on December 28, 2017, and is still in the period of suspended execution.

【Criminal Facts】

On April 21, 2019, the Defendant, without obtaining a driver's license at around 09:10 on April 21, 2019, driven the E Poter II Cargo at the 1km section from the front of the B-distance to the front of the D located in the same city as C.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. The crime of this case on the grounds of Article 152 subparag. 1 of the pertinent Act and Articles 152 subparag. 1 and 43 of the Road Traffic Act for the punishment of the crime of this case on July 6, 2015, where the driver’s license of this case was revoked due to traffic accidents, and the crime of this case is not less and less severe, and the defendant was punished by a fine for driving without a license of this case on March 2016, April 2016, and July 2016, even after the revocation of the driver’s license, and on December 20, 2017, without being aware of the fact that he was sentenced to a two-year suspended sentence for driving without a license of this case on June 6, 2017 and without being aware of it during the suspended sentence.

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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