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(영문) 수원지방법원 평택지원 2017.01.05 2016고단2271

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 2271] On September 22, 2016, the Defendant driven a car without obtaining a driver’s license on the front of the gold-free street located in Pyeongtaek-si, Pyeongtaek-si, Gyeonggi-do on September 22, 2016.

[2016 Highest 2509] On November 5, 2016, the Defendant driven a vehicle from the front of the Hyundai KO Center in Hasan-si, Masan-ro, 289, to the Hasan-ro, No. 289-ro, 280 meters in a section of about 500 meters, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the application of the sentencing criteria under Article 62-2 of the Criminal Act on the observation of protection: It shall not be applicable;