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(영문) 수원지방법원 2019.08.12 2019고단484
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 16, 2019, at around 09:46, the Defendant driven the E-Poter Freight Vehicle without obtaining a driver’s license from approximately 500 meters from the front of the Suwon-si B, Suwon-si to the front of the D in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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. In light of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as probation, order to attend a lecture, or order to attend a lecture, committed a second offense despite the fact that the defendant had been punished several times for the same crime, and the third unauthorized driver after the license was revoked due to drinking driving in 2017, the defendant should be punished strictly, but in the meantime, considering the fact that the defendant is recognized to commit a crime, the defendant does not have any previous conviction exceeding the fine, and the occurrence of a traffic accident, the sentence of sentence against the defendant is somewhat harsh.

In full view of all the sentencing circumstances revealed in the records of this case including the above circumstances, the execution of imprisonment to the defendant shall be suspended. However, in light of the criminal records of the defendant, the risk of recidivism seems to be considerably high. Therefore, the probation, the order to attend a lecture, and the order to provide community service shall be added for the prevention of recidivism and to give an opportunity to reflect.

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