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(영문) 수원지방법원 2018.11.29 2018고단6211
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 September 12, 2018, at around 11:25, the Defendant driven a Crocketing car without obtaining a driver’s license from around 2km to the front road of the Defendant’s residence, via the gam No. 246 street No. 246, in the direction of the wife population B, which is the Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a person in violation of the traffic laws on roads;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On June 20, 2003, the crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act was committed by the Defendant, whose driver’s license was revoked on June 20, 2003, and the quality of the crime is not less than that of the Defendant. As above, the Defendant was punished twice by a fine on November 2005 and January 2007, after which the driver’s license was revoked. On September 2007, the Defendant was discovered as non-licensed driving or non-driving and was subject to a suspended sentence of imprisonment. After being punished for a suspended sentence of imprisonment, it was discovered as a result of non-licensed driving and a non-licensed driving in this case on July 2016.

However, the fact that the defendant recognized the crime of this case and divided his mistake, and that the defendant was punished for the suspension of the execution of imprisonment by driving without a license as above has passed more than 10 years since the date of the crime of this case, and the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and other various circumstances that form the conditions for sentencing as shown in the record, such as the circumstances after the crime, shall be determined as ordered.

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