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(영문) 수원지방법원 안양지원 2017.02.07 2016고단1371

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 1371] On July 1, 2016, the Defendant driven a B-cr-car without obtaining a driver’s license from a friendly apartment parking lot located in the Sanyang-gu Sanyang-gu, Sanyang-gu, Sanyang-si to the 665 street from the time to the 6km of the road at the same time.

[2016 Highest 1700] On September 2, 2016, the Defendant driven a B cruise car without obtaining a driver’s license from around 2 km section from around 09:10 to the front road of the mother middle school located in the same city and in the same city.

Summary of Evidence

[2016 Highest 1371]

1. Statement by the defendant in court;

1. A driver's license inquiry letter (2016 altitude 1700);

1. Statement by the defendant in court;

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing in favor of the defendant under Article 62-2 of the Social Service Order and Order to Attend Education - The defendant's mistake is recognized, the defendant has no record of having been punished for more than a suspended sentence; disadvantageous circumstances: the defendant has a record of being punished for a fine three times due to a non-licensed driving only in 2016; the defendant was punished for a non-licensed driving on July 1, 2016; and the defendant was controlled by a non-licensed driving on July 15, 2016, even if he was investigated by the police on July 15, 2016.