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(영문) 의정부지방법원 고양지원 2016.11.10 2016고단2201

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Criminal Power] On August 18, 2016, the Defendant was sentenced to two years of suspended sentence for one year of imprisonment with prison labor due to a violation of the Road Traffic Act (unlicensed Driving) in the Incheon District Court’s Vice-Support on August 18, 2016, and the above judgment was finalized on August 26, 2016.

【Criminal Facts】

On July 19, 2016, around 13:28, the Defendant driven a C-car without obtaining a driver’s license from around 5km section from the front of the Geum-dong Geum-dong, Geumju to the front of the ok Manpower Office located at the same city-ro 1751.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry report and a license register;

1. Application of Acts and subordinate statutes, such as references to criminal records, references to disposition, reporting on the results of confirmation, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 154 subparagraph 2 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, on June 13, 2016, committed the instant crime after drinking or driving without a license on the following grounds: (a) the Defendant committed the instant crime; and (b) the Defendant, upon being tried at the same time, committed the instant case in consideration of equity in the case where he/she was tried.