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(영문) 수원지방법원 평택지원 2013.04.26 2013고단246
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 21, 2013, at around 15:25, the Defendant driven a gallon car without obtaining a driver’s license in approximately 1 km section from around 1km to about 38 gallon-do in front of the post office of Pluri, Pluri-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

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 (The following extenuating circumstances among the reasons for sentencing):

1. In light of the fact that the defendant has been punished for three times due to an unlicensed driving, the reason for sentencing and education under Article 62-2 of the Criminal Act requires a strict punishment of the defendant. However, the probation and education order should be sentenced under the condition of probation and education order only once, taking into account various sentencing conditions, such as the fact that the defendant recognized the crime, is against the fact that the defendant does not drive a without a license, and that the motor vehicle is scrapped.

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