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(영문) 수원지방법원 성남지원 2017.03.30 2016고단3760

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 15, 2016, 13:20, the Defendant driven the B Poter Cargo at approximately 400 meters away from the 381st road to the 347th road as the village in which Sungnam-si was located.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant has already been punished for driving without a license for three times, which is disadvantageous to the defendant, or that the defendant repents his mistake, and that the defendant has no record of punishment exceeding the fine, etc. are favorable to the defendant.

In such circumstances, the defendant's age, sex, environment, motive and circumstances of the crime, and the circumstances after the crime are considered.