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(영문) 수원지방법원 2018.11.21 2018고단3039

도로교통법위반(무면허운전)

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1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 9, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic laws (unlicensed driving) at the Cheongju District Court on August 17, 2018, and the judgment was finalized on August 17, 2018.

[Criminal facts] On May 23, 2018, the Defendant driven a vehicle CRabalk and freight vehicle without obtaining a driver’s license in approximately five km section from May 23, 2018 to the front road of the 108-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

On August 9, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic laws (unlicensed driving) at the Cheongju District Court on August 17, 2018, and the judgment was finalized on August 17, 2018.

[Criminal facts] On July 12, 2018, the Defendant driven Craba truck at a section of about 10km from July 12, 2018 to about 7 km from the 10km of Pyeongtaek-si Highway in the same city on the front of logistics, and without obtaining a driver’s license for a motor vehicle on July 12, 2018.

Summary of Evidence

"2018 Highest 3039"

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous convictions in judgment: Cheongju District Court 2017 Highest 1097 and inquiry of drug information of the case "2018 Highest 5654";

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Cheongju District Court 2017 Highest 1097 Highest Cheongju District Court and the application of the Acts and subordinate statutes to inquire about drug information of this case;

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

1. Subsequent to Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the main sentence of Article 39 (1) (limited to the crimes of violation of Road Traffic Act (unlicensed Driving) for which a judgment has become final and conclusive and each of the crimes above);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the sentencing sentence].