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(영문) 수원지방법원 평택지원 2014.08.21 2014고단918
도로교통법위반(무면허운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2014, at around 17:36, the Defendant driven a C body-ray car without a car driver’s license from approximately 15 km to the front side of the Gocuk-si in the same city from the fluoral area located in Pyeongtaek-si, Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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 reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the Defendant had been punished five times due to the same crime, was committed in the instant crime. However, even though the Defendant did not commit the same crime whenever he/she is tried due to driving without a license for drinking or without license, it is very serious doubt as to whether he/she can believe that he/she is vain.

However, considering the fact that the defendant is divided in depth about the crime of this case, there is no other punishment power except drinking and unlicensed driving, and that there is a place where the parents of the aged who are not healthy, and that women's family members and the defendant's family members want to engage in his best efforts to prevent recidivism, the defendant will be placed in preference to the defendant at once. However, considering the defendant's age, character and conduct, circumstances after the crime, etc., the punishment as set forth in the order shall be determined in consideration of the defendant's age, character and behavior, circumstances after the crime, etc.

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