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(영문) 수원지방법원 2020.08.20 2020고단415
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

At around 13:50 on January 18, 2020, the Defendant driven a F lus vehicle without obtaining a driver's license from around 3 km section from the front side of the Cmiddle School located in Suwon-gu, Suwon-si to the front side of the E Hospital located in the same time.

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 on probation and community service order was that the defendant was under the suspension of the execution due to drinking driving in 2018, but the third driverless driving was under the suspension of the execution due to drinking driving, and the nature of the crime is not very good.

There are many criminal offenses against the defendant.

However, considering the favorable circumstances for the defendant, such as the fact that the defendant recognized the crime, the simple unauthorized driving, and the fact that there is no previous conviction exceeding the fine due to the unauthorized driving, the sentence of the sentence is somewhat harsh, and all the sentencing conditions in the records of this case are considered as being determined as above.

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