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(영문) 수원지방법원 안산지원 2016.11.04 2016고단3681

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On September 30, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) around 19:45, Sept. 30, 2016, the Defendant driven B rocketing car without obtaining a driver’s license at a section of about 300 meters in the front of the Dongsan Police Station of the Dongsan-gu, Ansan-si from the Do near the Gonam-gu, Hamsan-si to the same road in front of the Dongsan-dong Police Station.

2. On October 2, 2016, the Defendant, at around 19:30 on October 2, 2016, driven the said rocketing car without obtaining a driver’s license from the 530-530-5 Haak-gu, Ansan-gu, Ansan-si, Ansan-ro, Ansan-ro, Ansan-do, the upper limit of which is about 100 meters prior to the 171-1 (Haak-dong).

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Acts and subordinate statutes to each driver's license inquiry;

1. Relevant Article of the Act on the Crime and the Selection of Punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the Selection of Imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (not including the fact that the criminal records are not significant for the accused, but the accused is led to confession and reflect, and that the accused does not have the same previous record);

1. It is so decided as per Disposition for reasons under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, and Article 59 or more of the Act on Probation, etc.;