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(영문) 수원지방법원 성남지원 2018.09.12 2018고단1443
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor 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

On June 12, 2018, the Defendant driven a vehicle B, without a driver’s license, at approximately 200 meters away from the front of the 310 Suwon World Cup Stagaz. 310, Suwon-si, Suwon-si, the World Cup Stagaz. to the front of the 176 water center, from the front of the 310 Suwon World Cup Stagaz.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and photographs at the time of crackdown;

1. Application of Acts and subordinate statutes to the driving license ledger;

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - Ten months of imprisonment;

2. Determination - Imprisonment shall be selected, taking into account four months of imprisonment, the Defendant’s unlicensed driving power over a year of stay of execution and traffic-related records.

However, considering the favorable circumstances, such as the Defendant’s confession, and the fact that there is no record of the offense exceeding the fine, etc., the punishment should be determined by comprehensively taking account of the following factors: (a) the Defendant’s age, sex, environment, motive, means and consequence of the offense; and (b) the various sentencing conditions under Article 51 of the Criminal Act, as stated in the records and arguments, such as the circumstances after the offense, are determined;

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