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(영문) 수원지방법원 성남지원 2016.10.20 2016고단2362
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 1, 2016, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on September 1, 2016

9. The judgment became final and conclusive.

【Criminal Facts】

On August 4, 2016, around 11:40 on August 4, 2016, the Defendant driven a B-type cargo vehicle without obtaining a driver’s license from around about 20 km section from the roads in front of the French-dong, Seocho-gu, Seoul Metropolitan Government, to the roads in front of the traffic control center of the Korea Highway Corporation located in Seongbuk-gu, Seongbuk-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (the sentence shall be taken into consideration in the case of concurrent trials with the final judgment; the probation shall be imposed because the latest same kind of crime is repeated);

1. Probation and community service work shall be decided as ordered by the court on the grounds of not less than Article 62-2 of the Criminal Act;

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