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(영문) 수원지방법원 성남지원 2019.06.26 2018고단2903
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

At around 15:50 on December 1, 2018, the Defendant, without obtaining a driver’s license, driven a motor vehicle with fixed freight across approximately 1 km section from the roads located in Gwangjin-gu Seoul Special Metropolitan City to the roads adjacent to the stations located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. Application of Acts and subordinate statutes concerning the state of operation without a license, report on the situation of control, and control photography;

1. The Defendant was punished by a fine on November 201, around May 2016, around September 2016, and around September 24, 2017, for a crime of violation of the Road Traffic Act (unlicensed Driving) and Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, which is disadvantageous to the reason for sentencing as to the relevant criminal facts. The Defendant was sentenced to a suspended sentence for four months on September 1, 2017, and the judgment became final and conclusive on September 1, 2017.

As such, it is inevitable to punish the defendant who repeats without a license for a long time even though he/she has been punished for the same crime.

After the Defendant appeared on January 30, 2019 on the first day of the trial, the Defendant was absent without permission on the next day, and was present at the court again on May 1, 2019, when several months elapsed.

In addition, even on the sentencing date, the person was absent without permission, and the person was present only on the postponed date.

The favorable normal defendant recognizes his criminal liability.

In addition, comprehensively taking into account various circumstances, such as the character, conduct, environment, motive, means and consequence of a crime by a defendant, the situation before and after the crime, and the progress of the situation before and after the crime, the punishment as ordered shall be determined.

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