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(영문) 수원지방법원 2019.10.11 2019고단1508
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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

On February 14, 2019, the Defendant, without obtaining a driver's license on February 14, 2019, driven a car with approximately KRW 150 km from 14:00 to 150 km around the road near the main quarter of the mid-to-west Highway located in the Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Application of the statutes on the register of driver's licenses;

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. On December 4, 2010, the crime of this case on the ground of sentencing under Article 62-2 of the Order to Attend Education Act was committed by the Defendant, whose driver’s license was revoked on December 4, 2010, and the quality of the crime is not less than that of the crime, and the Defendant has already been aware of the fact that he had been punished three times by a fine due to driving without a license, etc., and there is a lot of possibility of criticism.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished for a stay of execution or more yet, and that there is no record of the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., the punishment as ordered shall be determined by taking into account the various circumstances that form the conditions of sentencing as shown in the records

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