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(영문) 수원지방법원 2020.01.31 2019고단6139
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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

At around 19:20 on October 6, 2019, the Defendant driven a D-do motor vehicle without obtaining a driver's license in a section of approximately 1.5 km from the front of the Southern Doo-ro, Cheongsan to the front of the C-si in the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes, such as the ledger 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;

1. On January 30, 2019, the crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is committed by the defendant for whom his/her driver's license was revoked on January 30, 2019, and the quality of such crime is not minor.

The Defendant had a record of being punished for six times due to driving without a license, and was punished by a fine due to driving without a license on April 2019, but has not passed six months from the fine. In addition, the possibility of criticism is significant.

However, considering the fact that the defendant is recognized to commit the crime of this case, the defendant has no record of being punished for a suspended sentence or more yet, and other circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.

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