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(영문) 수원지방법원 성남지원 2018.12.19 2018고단2309
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 October 5, 2018, the Defendant operated C dump trucks over approximately 1.54 km section from the front city of the 356 large-scale Gwangju city to the national highway No. 313-10 of the office of Gwangju-si in Gwangju-si from the front city of the 356 large-scale Gwangju city to the national highway No. 43 knp trucks.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Report marks and the 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - Imprisonment shall be selected, taking into account six months of imprisonment, and two years of suspended execution and the Defendant’s non-licensed driving power over several times.

However, it is against the defendant's confession, and the reason why the defendant was driving the cargo in the judgment shall be considered.

In addition, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., shall be comprehensively determined and the execution of the punishment shall be suspended.

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