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(영문) 수원지방법원 안산지원 2016.09.20 2016고단2763

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four 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 May 19, 2016, the Defendant, without obtaining a driver’s license, driven a vehicle B with the highest level of approximately 4 km from the 122km-ro, the 19-10-10-ro, Annsan-si, Annsan-si, the 199-10-ro, the upper part of the road in Ansan-si to the 122-ro, the upper part of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, committed the instant crime even though he/she had the record of two times of suspended sentence of imprisonment with labor and two times of fine due to driving without a license, etc., and even three times of fine due to driving under drinking, even though he/she had the record of punishing three times of fine.

However, the fact that the defendant seems to reflect, and for the last ten years, there are only the past records of being sentenced to fines twice due to drinking driving.