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(영문) 수원지방법원 안산지원 2016.11.24 2016고단3924

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On September 2, 2016, the Defendant, without a driver’s license on September 19:10, 2016, driven CP vehicle at approximately 10km in the section of about 10km, from the front day of the new solar industrial maintenance company located in Ansan-gu, Ansan-si to the front day of the same Si’s tin-ro, 146.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to the current status of driving without licenses, and the register of driver's licenses;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the relevant criminal facts and Articles 152 Subparag. 1 and 43 of the option of punishment [the crime of this case is committed by this court before the judgment of two months imprisonment or one year of suspended execution becomes final and conclusive on October 27, 2016 due to the crime of the Road Traffic Act, but the defendant, separate from the above case, has been sentenced by this court for four months or one year of suspended execution and was finally and conclusive on August 26, 2016, and the crime of which judgment became final and conclusive on October 27, 2016 was committed on August 16, 2016, which was before the judgment becomes final and conclusive on August 26, 2016. Accordingly, the latter part of Article 37 of the Criminal Act shall not apply to the defendant], as the defendant was sentenced to imprisonment with prison labor for one year or more, and thus, the defendant could not be sentenced to a suspended sentence for the same crime of eight months or more.

It is so decided as per Disposition for the above reasons.