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(영문) 수원지방법원 성남지원 2017.05.10 2017고단267

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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

On January 30, 2017, the Defendant driven a motor vehicle with E-friendly driving without obtaining a driver's license from around 1133 to about 118 meters from the roads in the same Gu, as the Sungnam-gu, Sungnam-gu, Sungnam-gu around 22:35, 2017.

around 18:46 on February 12, 2017, the Defendant driven a e-car without obtaining a driver's license from the 45km section of the 45km to the point where the 368km road is located on the road near the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Nam-gu, Seoul Special Metropolitan City. The Defendant driven a e-car without obtaining a driver's license from the 45km section of the e-car to the 368km road along the e-car.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

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

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 on the suspended execution;

1. An order to attend a lecture under Article 62-2 of the Criminal Act that has no record of punishment exceeding a fine due to the fact that a majority of the criminal records on the grounds of sentencing under Article 62-2 of the Criminal Act, such as driving of drinking alcohol and driving without a license, etc., do not have any record of punishment exceeding a compliance consciousness, and the vehicle after the instant case

The court shall take into account the favorable circumstances, such as the fact that the defendant's age, sex, living environment, and circumstances after the crime, etc., and determine the punishment as shown in the order, by comprehensively taking into account all the sentencing factors in the trial process of this case.