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(영문) 수원지방법원 2017.07.05 2017고단98

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 20, 2011, the Defendant issued a summary order of KRW 2 million in fines of KRW 3 million in the same court as the same crime on June 19, 2013, and a summary order of KRW 8 million in the same court on December 16, 2015, respectively. < Amended by Act No. 11887, Dec. 16, 201>

[2] On December 29, 2016, the Defendant driven B-low-income motor vehicle under the influence of alcohol content of about 0.078% without the driver’s license from the front of the desired lending set in the Postal Eup, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e.

On April 24, 2017, the Defendant 2017 upper group 2856 driven a B-do motor vehicle owned by the Defendant in the section of approximately two kilometers from the 377rd road of Suwon-si to the front day of the construction distance of Suwon-si, Suwon-si from the 377rd road of Suwon-si to the front day of the construction distance of Suwon-si, Suwon-si, without obtaining a driver's license for a motor vehicle from around 05:30, 2017.

Summary of Evidence

"2017 Highest 98"

1. Statement by the defendant in court;

1. The circumstantial report of drivers and the driver's license register of motor vehicles;

1. Previous convictions: References to inquiries, such as criminal history, and written summary orders "2017 Highest 2856";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) and Article 148-2 (1) 1 and Article 44 (1) of the same Act concerning facts constituting an offense;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a person who violates the Road Traffic Act and a person who violates the Road Traffic Act (a person who drives without a license) on December 29, 2016, and a punishment provided for the crime of a person who violates the Road Traffic Act (a person who drives without a license on December 29, 201) with heavier punishment;

1. Selection of each sentence of imprisonment;

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 suspended sentence is an unfavorable circumstance for the sentencing of Article 62(1) of the Criminal Act (a favorable circumstance among the reasons for sentencing).