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(영문) 수원지방법원 안산지원 2016.07.14 2016고단1670
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 4, 2016, the Defendant was sentenced to a suspended sentence of two years for six months in prison due to a violation of road traffic law (unlicensed driving) at the Suwon Friwon on May 4, 2016.

5.12 The above judgment became final and conclusive.

Criminal facts

On May 13:17, 2016, the Defendant driven a D-string car from the front side of the Mansan City, Ansan-si to the front side of the 6th grade of the school located in the same Gu, without obtaining a driver's license, from around 1.2 km from the front side of the 6th grade of the 6th grade.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous records: Investigation report (report attached to the judgment of the same kind of case) and application of Acts and subordinate statutes to investigation report (report on confirmation date of the judgment of the same kind of case);

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. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes: (a) the reason for sentencing Article 39(1) recognizes the Defendant’s mistake and reflects it; (b) disposes of the vehicle driven at the time of the instant crime; and (c) the instant crime ought to take into account the equity with the case where the judgment becomes final and conclusive at the same time as the crime of violating Road Traffic Act (unlicensed Driving).

However, there are five occasions each of the records of punishment for the defendant as a crime of violating the Road Traffic Act (driving without a license) and the records of punishment for the crime of violating the Road Traffic Act (driving without a license). The crime of this case is inevitable in light of the unfavorable circumstances, such as the fact that the judgment of the crime of violating the Road Traffic Act (driving without a license) has not been passed since one week has not passed since it was sentenced.

The same type of punishment as the order shall be determined in consideration of the favorable circumstances and unfavorable circumstances as seen earlier and the conditions of sentencing prescribed in Article 51 of the Criminal Act.

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