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(영문) 수원지방법원 안산지원 2016.09.06 2016고단2058
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 30, 2016, around 05:10 on May 30, 2016, the Defendant driven B Poter Cargo Vehicles without obtaining a driver's license from a section of about 2 km from the front front of the Gyeongdo-dong, Chungcheongnam-do to the west coast of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, are two times of suspended sentence of imprisonment and ten times of fine, and most of them are due to driving without a drinking license.

In 2006, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for a crime without a license for driving without prison labor in 2006, and was able to receive amnesty in 2008. However, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for a limited period of one year.

Even after that, the Defendant was sentenced to a fine in 2012 and 2014 as he did not stop driving without a license even after that, and thus, was sentenced to a fine.

There is no herbry.

Vehicles used by the defendant to commit the crime of unauthorized Driving of this case are highly dangerous as cargo vehicles.

In full view of the above circumstances and other conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, character and conduct, environment, and circumstances before and after the instant crime, it is considered that the sentence of imprisonment should be rendered to the Defendant, but the execution of imprisonment shall be suspended in order to give the Defendant an opportunity to ultimately reflect, but probation shall be ordered to prevent recidivism.

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