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(영문) 수원지방법원 평택지원 2016.10.13 2016고단1057

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

around 17:08 on June 11, 2016, the Defendant driven B cargo vehicles without obtaining a driver's license in approximately 7 km section from the front day of the Song Fire Fighting Station located in Pyeongtaek-si to the intersection located in about 876 in the same city market.

around 13:50 on August 12, 2016, the Defendant driven B Poter truck without obtaining a driver’s license in a section of about 100 meters from the front side of the Sinsan University, which is located in the Cheongsi-ro 45 in the same city of Cheongsi-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the defendant;

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

1. Relevant Article of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Selection of Imprisonment or Imprisonment)

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;

1. Probation and community service order Article 62-2 of the Criminal Act had been punished three times due to the reason of the sentencing, and the driver without a license even though he had been punished three times due to a non-licenseed driving, and he again was prosecuted for the crime, and thereafter a non-licenseed driving was again conducted after being prosecuted.

The sentence of imprisonment to the defendant who repeatedly commits similar crimes, and the sentence of imprisonment with prison labor due to driving without a license shall be suspended in consideration of the first.