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(영문) 수원지방법원 성남지원 2016.04.15 2016고단76

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 December 29, 2015, at around 23:29, the Defendant driven a car with CAA8 vehicle without obtaining a driver's license, and proceeded with approximately KRW 100 meters from the public parking lot of 1 Dongyang-dong, Gyeyang-gu, Mayang-gu to the front of Hanyang-dong, Hanyang-dong, 6.

Summary of Evidence

1. Statement by the defendant in court;

1. Detection and reporting of violation of the Road Traffic Act (unlicensed driving), and application of the Act 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 extenuating circumstances in favor of the reasons for sentencing);

1. The sentencing grounds under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., of Social Service and Order to Attend, shall be based on the following circumstances: (a) the Defendant’s age, sex, environment, motive, circumstances, means, methods, and results leading to the instant crime; and (b) the sentencing conditions indicated in the records and arguments, such as the circumstances before and after the instant crime, etc., and the sentence as ordered.

- Unfavorable circumstances - It is difficult to prevent the second offense by a fine due to the second offense despite a majority of penalties.

The circumstances favorable to the judgment - No criminal records exceeding fines - all of the crimes of this case are deemed to be against the judgment of the court.