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(영문) 수원지방법원 안양지원 2014.12.11 2014고단1332
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 June 10, 2014, around 23:10, the Defendant driven a Dsch Rexroth car without a driver’s license in a section of about 700 meters from the 500-meter side of the main apartment complex located in 567, as the transmission wave of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include one time of suspended sentence and four times of fine due to driving without a license. The defendant has recently been sentenced to one year of suspended sentence for four months due to a violation of the Road Traffic Act (unlicensed Driving) in the Suwon District Court on July 7, 201, and on September 5, 201, the court issued a summary order of KRW 3 million as the same crime on September 5, 2013, and again, it is not good to commit the crime of unlicensed driving in this case.

The Defendant and the defense counsel submitted relevant materials, “if a person is sentenced to imprisonment without prison labor or any heavier punishment, it would cause trouble in the operation of the legal entity operated by the Defendant,” and sought a disposition of a fine, and “the circumstances leading to the operation of the person under a cancer diagnosis in order to avoid the birth of the person under a cancer, taking into account the circumstances leading to the operation of the person under a cancer.” There were such circumstances.

Even if it is hard to say that the defendant has to drive, the defendant is unable to obtain the reason, and the defendant is already subject to a fine after the judgment of the suspension of execution, and the sentence of a fine is difficult to be sentenced.

However, considering the fact that the defendant is led to an offense, the fact that the defendant was faced with a traffic accident by a drinking driver while driving without a license in this case, and the circumstances that form the sentencing conditions as shown in the arguments and records of this case based on the prosecutor's old sentence (4 months of imprisonment) and the sentencing precedents of the same kind of case.

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