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(영문) 수원지방법원 2018.09.06 2018고단3569
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 6, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle around 09:10, driven a Category C-II truck from around 20km to the front road of the LH9 complex located at approximately 94 meters away from the dwelling in Suwon-si B, Suwon-si, Suwon-si, to the river in front of the LH9 complex.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual survey report and photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. The instant crime with the reason for sentencing under Article 62(1) of the Criminal Act on November 1, 201 of the suspended sentence is that the Defendant, whose driver’s license was revoked due to drinking driving on November 1, 201, was not less and less than the nature of the crime, and the Defendant, as seen above, was found to have been punished on three occasions on July 201, 201 due to non-licenseless driving and three occasions on November 2015 and was discovered to have been sentenced to three times on three occasions due to non-licenseless driving after the cancellation of the driver’s license. However, there is a lot of possibility of criticism in that he re-driving the instant non-licenseless driving.

However, in light of various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case and the circumstances after the crime of this case, the defendant's mistake is divided, the defendant has no record of being sentenced to a suspended sentence or heavier for the past 10 years, and the defendant's health appears to be not good due to cancer, and the defendant's age, sex, environment, motive, means and consequence of the crime of this case, etc., the punishment shall be determined as per the disposition.

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