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(영문) 수원지방법원안산지원 2020.12.03 2020고단1377
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

Around 15:10 on March 29, 2020, the Defendant driven C Hastler vehicle without obtaining a driver's license from approximately 4km section from the front day of Guro-gu Seoul to the front day of the 57-2-ri-ri-ri-ri-ri-ri-ri-ri-dong from the night day located in 57-2, Guro-gu, Seoul to the front day of the Mastler vehicle.

around 16:00 on August 30, 2020, the Defendant driven the C Hasler vehicle without obtaining a driver’s license from approximately 7 km section from the front to the front of the E-Road, Ison-si, Ison-si.

Summary of Evidence

"200 Highest 1377"

1. Defendant's legal statement;

1. Report on the current status of driving without a license, and the register of driver's licenses for motor vehicles "20 Highest 3987";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the current status of driving without a license, the ledger of driver's licenses (A), and investigation report (specific address of driving without a license);

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the defendant was punished for drunk driving in 2019 and the driver's license was revoked, and the possibility of criticism is considerably high.

However, considering favorable circumstances, such as the fact that the defendant has no criminal record exceeding a fine, the fact that the vehicle of this case is sold and the fact that it is not reoffending, etc., the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., and the execution of imprisonment is suspended by taking into account all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, and the sentence is determined as ordered

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