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(영문) 수원지방법원 안산지원 2016.09.23 2016고단2419
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 22:00 on June 19, 2016, the Defendant driven C’s vehicle volume without obtaining a driver’s license in a section of about 400 meters in front of the 14-20th day of the Sinsi-dong 14-20 in front of the Sinsi-si, Sinsi-si, B around 22:00 on June 19, 201.

On July 8, 2016, 2016, the Defendant driven a C-car without the driver’s license from around 800 meters from the roads located in the 1396-3 Dong-dong, Siang-dong, Singu, Sinri-dong, to the front road in the Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses and the application of Acts and subordinate statutes to each driver’s license;

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

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. Even though it has been possible to have the record of being punished for the same crime as the sentencing of Article 62-2 of the Criminal Act, the crime of this case has been committed.

It is necessary to make strict penalties.

Provided, That there is no criminal offense exceeding a fine.

In addition, the punishment shall be determined as ordered by comprehensively taking into account all the sentencing conditions shown in the records and theories of this case, such as the character, conduct, environment, motive and background of the crime, and circumstances after the crime.

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