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(영문) 수원지방법원 여주지원 2016.04.19 2016고단131
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 February 11, 2016, the Defendant driven a Category C truck without obtaining a driver’s license from the Do in front of the second day of the South Eup of the Republic of Korea from the Do in front of the 2nd day of the East Eup to the front day of the Republic of Korea in the same city of the Republic of Korea, and without obtaining a driver’s license from the 5km section of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

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

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 32 of the Act on the Observation, etc. of Protection, etc., have the history of having been subject to punishment several times due to drinking and driving without a license in the past, and the Defendant appealed on January 20, 2016 after having been sentenced to a suspended sentence of one year for six months due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) by this court on January 20, 2016, and filed an appeal for a suspended sentence of one year, without being aware of the fact that the Defendant committed the instant crime

However, the Defendant’s criminal act was committed against himself/herself, and the Defendant’s driver’s license was revoked on November 16, 2015 due to the said criminal act, which was sentenced to suspended execution, and the Defendant appears to have committed the instant criminal act to work for livelihood. The Defendant’s body requiring the Defendant’s custody may cause excessive difficulties to his/her parents, etc., and annoying is determined as ordered by the disposition, with a view to suspending the execution of imprisonment under the condition of protection observation, taking into account the Defendant’s age, family environment, motive, means and consequence of the criminal act, circumstances after the criminal act, etc.

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