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(영문) 수원지방법원 안산지원 2016.08.25 2016고단2480
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

On July 1, 2016, the Defendant driven a vehicle in body B without obtaining a driver's license from a section of about 1 km from the front of the chemical elementary school located in the Sinsan-si, a member of Sinsan-si, to the front of the water king-ro in the Sinung-si, Sinsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence appears to have led to a confession and reflect on the instant crime, and the Defendant would not repeat the same kind of crime by selling the said vehicle recently;

It is necessary to comprehensively consider all the circumstances, such as the fact that the defendant was punished once by a fine for the same offense in around 2015 and that the defendant has not been sentenced to imprisonment or heavier punishment until now.

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