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(영문) 수원지방법원 2019.09.27 2019고단3078
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

On June 10, 2019, at around 21:37, the Defendant driven a D-wheeled automobile without obtaining a driver's license from around 230 meters in a section near the Suwon-gu, Suwon-si B to the same adjacent road.

Summary of Evidence

1. Defendant's legal statement;

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

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes concerning the next investigation and conversion of electronic documents;

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. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is that the defendant is driving without a license, and the quality of the crime is not weak, and the defendant has already obtained a license even though he had been punished by a fine due to a three-timeless driving, etc., and there is a little possibility of criticism in that he is driving without a license.

However, in light of the fact that the defendant recognized the crime of this case and divided his mistake, the punishment as ordered shall be determined by taking into account the various circumstances such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence, and the circumstances after the crime.

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