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(영문) 수원지방법원 2017.07.11 2017고단1768
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Criminal facts

1. On March 22, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving the E-Poter vehicle from around 2 km to the front of the apartment site in the head of the Eup/Eup/Myeon in the direction of harmony to D, without obtaining a driver’s license on around 10:08, and driving the E-Poter vehicle from around 2km to the front of D.

2. On March 22, 2017, the Defendant: (a) was found to have been driving without a license while driving the said cargo on the front of the instant truck on the road at the Seosung-si; (b) was asked to present a driver’s license by G to the police box of the police station in the Seosung-gu, Seosung-gu; and (c) was able to do so as if the Defendant was the Defendant’s punishment, the Defendant presented a first class ordinary driver’s license for H under the name of the Commissioner General of the Seoul Regional Police Agency, Seoul, which is the official document, and exercised the official document unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of driver's license and a driver's license ledger;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the same Act (the point of driving without a license) concerning the facts constituting an offense, Article 230 of the Criminal Act (the point of uttering of official document) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the accused for sentencing of Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Courses are as follows:

The defendant is deeply divided into and reflected in the crime of this case.

There are some extenuating circumstances for the defendant's reason for driving without a license.

It seems that the defendant's act of denying the driver's license of H is immediately dismissed by police officers, and it does not affect the investigation.

There is a need for the defendant to support the family including two children.

Since the family members and branch members of the defendant sought a preference against the defendant, social ties are clear.

Circumstances unfavorable to the defendant are as follows:

The defendant is punished by a driverless driving in 2014.

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