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(영문) 수원지방법원 2017.11.01 2017고단3943

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 12, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon Friwon, etc. on August 12, 2014, and the judgment became final and conclusive on June 20, 2014.

[Criminal Facts]

1. On July 24, 2013, the Defendant, without obtaining a driver’s license for a motor vehicle on July 24, 2013, driven approximately 300 km of the gallon in the B gallon-gun, Ulsan-do, Ulsan-do, Ulsan-do, the two sides of which were from the front side of the gallon-gun, Ulsan-do, Ulsan-do, the Defendant driven a gallon with approximately 300 km.

2. On May 16, 2014, the Defendant, without obtaining a driver’s license of a motor vehicle on May 16, 2014, driven a 500-meter string vehicle by a gallon with a gallon road from the front day of Suwon-si C to the front day of the same Gu (court shooting distance).

3. On May 23, 2014, the Defendant, without obtaining a driver’s license of a motor vehicle on May 23, 2014, driven a 500-meter string vehicle by a gallon with a gallon road from the front day of Suwon-si C to the front day of the same Gu (court shooting distance) in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license certificate, driver's license ledger, and driver's photograph and photograph of the National Police Agency;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act are not good for the defendant to drive without a license through several times, but the defendant is fully aware of all the criminal facts, the defendant was punished for the same crime by a judgment on the record of the crime that could have been tried like each of the instant crimes, and three years have passed since the time of the crime, and all the conditions for sentencing revealed during the trial.