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(영문) 수원지방법원 2020.10.16 2020고단3705
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On May 5, 2020, the Defendant, without obtaining a driver's license at around 09:40 on May 5, 2020, driven BM6 car from the front side of the terminal distance in the Sejong-gu, Suwon-si, Suwon-si, to the front side of the airfield distance No. 165-gil 1, 165-gil, the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

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

1. Relevant Article of the facts constituting a crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend Education is that the Defendant committed the instant crime even though his/her driver’s license was revoked on December 19, 2018, and that the Defendant was punished twice by a fine for driving without a license only in 2019, and that the Defendant was punished several times for traffic-related crimes are disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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