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(영문) 수원지방법원 평택지원 2017.06.14 2017고단694

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

On March 18, 2017, at around 21:50, the Defendant driven a motor vehicle with C in a section of about 500 meters from the Chang High School located in Ansan-si Eup Do to the roads in front of the Maddong Do-ro Do-ro 68, the same city-based Do-ro Do-ro Do-ro Do-ro 68, and without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a 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 an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession, reflectivity, and the fact that there is no record of committing a crime exceeding the fine, etc. committed by a person who has been sentenced to punishment several times due to driving of alcohol or driving without a license, etc., and other favorable circumstances such as the fact that there is no record of committing a crime: The sentence shall be determined as per the disposition of imprisonment with prison labor for not less than six months, a stay of execution for not less than two years