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(영문) 수원지방법원 안산지원 2016.10.13 2016고단2593
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 16, 2015, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Ansan District Court's Ansan Branch on December 16, 2015, and the said judgment became final and conclusive on December 24, 2015.

On May 16, 2016, at around 19:25, the Defendant driven a C low-priced car at a section of about 1.7 km from the front of the two sub-committee of the members of Ansan-si to the front of the ten sampling road of the same month from the front of the two sub-committee of the Dongwon-gu, Ansan-si to the front of the tenth square of the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Report on the situation of operation without a license;

1. Previous records: The application of the defendant's statutory statements and criminal records-related statutes;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, and Article 152 Subparag. 1 and 43 of the Road Traffic Act regarding the selection of punishment, and the fact that the defendant's mistake and reflects on the sentencing

However, the defendant has the ability to suspend the execution of imprisonment with prison labor on two occasions due to driving without a license and to punish three times, and the crime of this case is committed during the suspended execution period due to the crime of driving without a license.

In addition, the defendant obtained a driver's license and revoked the driver's license in 2003, but it has not yet obtained the driver's license.

In addition, the Defendant was running a driving without a license on November 24, 2012 on the ground that the other driver was replaced, but the signal was not immediately departed.

The improvement, which is a dangerous object, (21.5 cm in length, 43 cm in length), was sentenced to the suspension of the execution of imprisonment for a crime committed by the driver and the son who is a woman, with the direction of the driver.

Even though considering the purpose of the Road Traffic Act, the removal and prevention of danger on the road, the defendant cannot be sentenced to the punishment.

However, the term of imprisonment shall be somewhat short in consideration of the invalidation of the above suspended sentence.

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