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(영문) 수원지방법원 성남지원 2017.11.03 2017고단2020

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to two years of suspended sentence in August 17, 2016 on April 7, 2016 due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) in the Support of Integnition of Sugwon, and the judgment became final and conclusive on October 17, 2016, and is currently

[2] On April 24, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on April 24, 2017, driven a motor vehicle with Down-gu car at a section of about 1 km from the 1km-dong 509-dong Man-dong Man-dong to the front-dong 509-dong Mank-dong Man-dong Man-dong Man-dong Man-dong Mannam-si Man-si Man-dong Man-dong Man-dong Man-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating the driver

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The Defendant committed the instant crime during the suspended sentence period after having been sentenced to a suspended sentence, as stated in all the criminal facts in the judgment, on the grounds of sentencing selective sentence of imprisonment.

The crime of this case caused a traffic accident, such as damage to the structure.

Moreover, the Defendant was punished as a fine for a violation of the Road Traffic Act (unlicensed Driving) on July 11, 2016.

However, in consideration of the fact that the defendant's mistake is against the defendant and that the suspension of the above execution seems to be revoked, a sentence of imprisonment with labor under the highest court shall be imposed.