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(영문) 수원지방법원 성남지원 2016.12.23 2016고단2639

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

Punishment of the crime

At around 17:00 on June 23, 2016, the Defendant driven a Rail car without a driver's license from around 4 km to the front road of the mine ICT located in the Docheon-dong, Gwangju Metropolitan City to the front road of the Honam Highway located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the records of various traffic crimes, the fact that the defendant was punished as a suspended sentence due to the violation of the Road Traffic Act (unlicensed Driving) and the fact that the defendant was re-offending even in around 2015, the driver's license was revoked in around 2008 and the driving distance was significant.

Furthermore, there is a question as to whether the Defendant is seriously against the instant case, such as continuing to be absent without any justifiable reason on the trial date and the sentencing date.

However, in light of the fact that the defendant fully acknowledges the crime of this case, and the previous records of the suspension of execution on the defendant are attributable to drinking driving, the defendant will be placed in the last place, but probation, community service, and order to attend a lecture to prevent recidivism.