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(영문) 수원지방법원 성남지원 2017.07.14 2017고단1183

도로교통법위반(무면허운전)

Text

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

"2017 Highest 1183"

1. On February 25, 2017, the Defendant driven a vehicle B, X5.0 vehicle without obtaining a driver’s license, from the front of the “Tyeong apartment” road of 2651 to the front of the “Tyeong-ro 41”-ro of the same city-based city from the front of the “Tyeong-si apartment” road of Pyeongtaek-si to the same city-based 4km.

"2017 Highest 1318"

2. On April 25, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle on April 25, 2017, driven a Cknif vehicle at a section of about 4 km from the front of the construction site of Samsung-si to the front of the semiconductor construction site at the same time from the front of the road at the same time to the front of the 5 knife

Summary of Evidence

"2017 Highest 1183"

1. Statement by the defendant in court;

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

1. The driver's license ledger, etc.;

1. "On-site photographs, etc. 2017 Highest 1318";

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the crime, the selection of imprisonment [the person who committed the crime without a license shall be punished three times prior to the crime without a license, four times prior to the crime of drinking driving (the one time among them shall be punished together with the crime of driving without a license), and the second re-offending of the crime as stated in paragraph (1) of the holding only two months after the control over the crime as stated in paragraph (1)];

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 (not less than a suspended sentence but not more than a record of crime);

1. Protective observation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act;