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(영문) 수원지방법원 2017.10.24 2017고단5254
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

On July 22, 2017, the Defendant, without a driver’s license of a motor vehicle around 08:30, driven Bone Star vehicle at approximately 23 km from the road front of Suwon-si, Suwon-si, as Suwon-si, in the street near the ChhoIC, which is at the time of the Chho-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Application of the photographic Acts and subordinate statutes;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while leading to the crime of this case; the defendant did not cause other damage, such as traffic accidents; the defendant appears to have reached the crime of this case for his livelihood; the defendant did not have any record of punishment exceeding the fine; the surrounding persons, including the defendant's family members, including the defendant's family members, want to leave the ship, etc., which is relatively obvious in social ties.

(1) [Unfavorable Circumstances] The crime of this case is a case in which the defendant drives a vehicle without a driver's license, and the nature of the crime is not good, and the defendant was punished by a fine for the crime of violating the Road Traffic Act (driving) around 2014, and there was a history of punishment for the crime of violating the Road Traffic Act (Driving without a driver's license) on three occasions thereafter.

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