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(영문) 수원지방법원 안양지원 2018.03.23 2017고단2013

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 August 20, 2017, the Defendant, without obtaining a driver's license for a motor vehicle from around 14:50 on August 20, 2017, driven a Bsch Rexton car over about 2 km from the front of the Cheongyang-dong community service center located in 232 in Cheongyang-si, Cheongyang-si, 15:05 on the same day, to the deep distance of 529 in Cheongyang-si, Goyang-si.

Summary of Evidence

1. Statement by the defendant in court;

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. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The imposition of a fine under Article 62-2 of the Criminal Act for the observation of protection and observation - Unfavorable circumstances: (a) around May 2016; (b) around October 2016; and (c) around June 17, 2017; and (b) around three times the criminal record of a fine due to a violation of the Road Traffic Act (unlicensed Driving) on or after the revocation of a driver's license on or around February 2016; (c) however, the criminal record of a fine was committed for the instant crime of the same kind from the date of the last crime to two months; (d) while without being aware of the criminal record, the criminal record of a fine was committed for the instant crime of the same kind from the date of the last crime; and (e) the fact that there was no previous offense of a fine exceeding the fine; (e) other circumstances: the defendant's age, sex, occupation, family relationship, property status,