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(영문) 수원지방법원 성남지원 2016.11.15 2016고단2679

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

On July 21, 2016, around 03:10 on July 21, 2016, the Defendant driven BMW car without obtaining a driver's license in a section of about 700 meters from the 249-ro to the 184-ro, Yongsan-gu, Seoul, Yongsan-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection and application of Acts and subordinate statutes to the driving license ledger;

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 the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relation, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of punishment for driving without a license on several occasions.

In particular, the defendant has been under duty to drive without a license repeatedly for a short period.

A favorable normal situation: The defendant is not guilty of the same kind of crime, and shows a reflect attitude.

The defendant has no record of punishment exceeding fine for the same crime.