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(영문) 수원지방법원 성남지원 2017.03.22 2016고단3821
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor 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

[criminal history] On November 24, 2016, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for larceny at night at the Sungnam support center, and the above judgment became final and conclusive on December 2, 2016.

[Criminal facts] The Defendant is a person driving C Launa vehicle, and the driver's license was revoked due to the transfer of alcohol.

On July 4, 2016, around 00:0, the above vehicle was non-licensed in the section of approximately 45 kilometers from the vicinity of the Sungnam-si, Sungnam-si, Sungnam-do to the front of the entrance of 105 o-do, oi, Sinung-do, Sinri-do, at the 105 o-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Arrest report on the occurrence of the case and report on the situation of unlicensed driving;

1. Previous convictions: Application of the details of search and copy of the Supreme Court ruling;

1. Relevant legal provisions and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment (the majority of non-licenseed and drinking driving skills);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act (Confession, reflection, concurrent trial and equity in the case of concurrent trial);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures (the act of preventing recidivism);

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