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(영문) 수원지방법원 평택지원 2015.10.16 2015고단1270
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for a period of five 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 July 18, 2015, the Defendant, without obtaining a driver’s license at around 12:00 on July 18, 2015, driven the Cunstst Driving Vehicle at about 10km from around ASEAN to about 88 in the 10km of Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without a license;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the sentencing period of Article 62-2 of the Criminal Act of the Act on Probation and Order to Attend the lecture has four times or more, and the defendant has been punished for the same error, but it leads to a driving without obtaining a license again, the charge of the crime is not sufficient, but the defendant is found to not repeat the charges of this case, it is limited to driving without a license, and other circumstances shown in the records, such as the defendant's age, character and conduct, family environment, the execution of imprisonment is suspended on condition of probation and order to attend the lecture

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