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(영문) 수원지방법원 2015.05.21 2015고단6

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is the driver of the Ecuas vehicle B.

On December 13, 2014, at around 18:46, the Defendant, without a car driver’s license, driven the said vehicle at approximately 2 km section from the vicinity of the bridge in the ebbbbbbbbbbus Eup in the ebbbbbbus, to the front of the ebridge in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. On October 17, 2012, the Defendant, subject to the law of the driver’s license inquiry, was sentenced to imprisonment with prison labor for six months at the Suwon District Court for the crime of violation of the Road Traffic Act (unlicensed Driving) and was subject to a special amnesty on January 29, 2014, which would lose the validity of the sentence. This previous offense is no longer a repeated offense due to a special amnesty that would lose the validity of the sentence, and thus, is not a repeated offense.

1. Relevant Article of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Selection of Imprisonment or Imprisonment)

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend the course of education is the same crime, but it is not good that the defendant again commits the crime of this case even though the defendant has been punished several times as a fine or as a suspended sentence of imprisonment for the same crime, and thus, it is not good that the crime of this case is committed. However, considering the fact that the defendant's current health status is extremely poor and it is difficult for the defendant to significantly improve in the future, the execution of the sentence is suspended. The necessity of recidivism and all other circumstances that are the conditions