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(영문) 수원지방법원 2018.04.25 2017고단3000
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On April 17, 2017, the Defendant: (a) driven a Bknife vehicle without obtaining a driver’s license from around 2 knife section of approximately 366 km to around 16 knife, Myeong-ro, Myeong-ro, Myeongdong, in the case of the Special Metropolitan City of 08:55 on April 17, 2017.

2. On April 24, 2017, the Defendant, on the 24th day of the same month, driven the said van without obtaining a driver’s license from around 30km to the front day of the entrance of the Pyeongtaek-si-si and the 1004-dong, Pyeongtaek-si and the Gyeongsung-si, the 100-dong, to the 10-dong Gyeongsung-si, the 30km-si, the Defendant, at around 24th day of the same month.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of applicable sentences] [the decision of sentence] of imprisonment with prison labor for not more than one year and six months (the decision of sentence] was made by the Defendant for the same crime, without being aware of the fact that the Defendant had been punished once the suspension of execution, twice a fine, even though he had a record of being sentenced twice a fine. On April 17, 2017, it is determined that there was lack of compliance awareness, and that the Defendant again driven without a license again on April 7, 2017.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, etc., shall be determined as ordered.

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