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(영문) 수원지방법원 평택지원 2018.02.21 2017고단2130

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 September 13, 2017, the Defendant: (a) driven a car without a driver’s license from approximately 4 km section from the front day of Et which was located in Pyeongtaek-si 29 to the front day of the Pyeongtaek-si bus terminal located in Pyeongtaek-si 27, Pyeongtaek-si ro; and (b) driven a car without driving a car.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstances of driving without licenses and inquire about driver's license data;

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 suspended execution;

1. In light of the fact that the Defendant committed the instant crime immediately after the expiration of the suspended sentence due to driving without a license, four times (three times a punishment, three times a suspended sentence of imprisonment, and one time a suspended sentence of imprisonment) due to driving without the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the liability for the instant crime is not easy, but the Defendant’s mistake is recognized, against himself/herself, and the Defendant is not driving without a license again.

The sentence of suspended sentence of imprisonment with prison labor, which adds a long time community service order as ordered by comprehensively considering all the conditions of sentencing including the situation of the instant driving and the circumstances of the instant driving, etc.