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(영문) 수원지방법원평택지원 2020.11.27 2020고단1207
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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

Around 08:30 on April 19, 2020, the Defendant driven an EK3 car without obtaining a driver’s license from the “C” parking lot from Pyeongtaek-si B to D parking lot from around 9km to the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

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

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she was sentenced to a fine for driving without a license again in 2019 while driving without a license in 2019 among the Dos when he/she was discovered to have been sentenced to a fine due to drinking driving in 2018.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant has no previous conviction or heavier punishment; (b) the defendant has committed a crime against the driver without a license; (c) the defendant's age, character and conduct; (d) family relationship; (e) the motive, means and consequence of the crime; and (e) various sentencing conditions in the trial

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