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(영문) 수원지방법원 성남지원 2016.11.09 2016고단1699

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for four 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

1. On May 12, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) (hereinafter “Road Traffic Act”) and operated Bsch Rexroth car from around 150 meters to the front roads of the said Korean apartment commercial building, from the ISO apartment (ISO), which was located in the kid-dong at the lower-speed of the games without obtaining a driver’s license at around 16:37, 2016.

2. The Defendant was requested to present an identification card on the roads front of the Korean apartment commercial building located in the Hanam-si, Gyeonggi-do at the time and time set forth in paragraph (1), and on the roads in front of the Korean apartment commercial building located in the 112 patrols.

Accordingly, on May 2016, the Defendant presented the Defendant’s resident registration certificate for F in the name of the Namyang-do market, which is an official document in possession after being issued by the Defendant’s mother E, the Defendant’s mother, as if the Defendant’s resident registration certificate was the Defendant’s resident registration certificate.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant laws concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 230 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act (i.e., reflective facts of the suspension of execution);

1. It is so decided as per Disposition for the reason that probation, community service, or lecture attendance order is not less than Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for the defendant to return to a sound member of society in view of the records