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(영문) 수원지방법원 2017.11.30 2016고단7041
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 9, 2016, the Defendant was sentenced to a suspended sentence of one year on April, 2016 on November 17, 2016, due to a violation of road traffic law (free driver's license) in the support of the Suwon Friwon method.

On November 2, 2016, the Defendant driven a B rocketing car without obtaining a driver’s license from around 2 19-22 meters from the 19-22-hon-ro, Suwon-si, Suwon-si, Suwon-si, to the front of the 3rd-ro of the front of the 3rd in the Dong, the Defendant, at around 10:40 on November 2, 201.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. The driver's license ledger;

1. Field control photographs;

1. Previous convictions: Application of an inquiry letter, judgment, summary information inquiry-related statute, such as criminal history;

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

1. The crime of this case on the ground of sentencing under Article 62 (1) ( favorable circumstances to be examined in the latter) of the Act on the Suspension of Execution refers to the case that the defendant drives a vehicle without a driver's license and the quality of the crime is not good. The defendant does not acquire a driver's license, and the crime of this case is committed on the first head of the judgment, and the defendant has been under trial due to a violation of the Road Traffic Act (unlicensed Driving), and the defendant has been punished four times due to the same kind of traffic crime, such as a violation of the Road Traffic Act (unlicensed Driving), but the crime of this case constitutes an unfavorable circumstance to the defendant. On the other hand, the defendant does not cause any other damage such as a traffic accident, etc., and the crime of this case is a concurrent crime after Article 37 of the Criminal Act with the crime of violating the Road Traffic Act (Unlicensed Driving) for which the judgment becomes final and conclusive, and the defendant must consider equality in the case of concurrent crimes, and the defendant shall be punished for a fine of KRW 15 million after around 2008.

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