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(영문) 수원지방법원 평택지원 2014.09.18 2014고단1048
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On January 23, 2013, the Defendant was issued a summary order of KRW 150,000,000 as a fine for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court’s House, and KRW 1.5 million as a fine for the same crime from November 8, 2013 to the same support.

【Criminal Facts】

On December 3, 2013, at around 15:25, the Defendant driven a B-car without the driver’s license from approximately 3 km section to the same steel road located in front of the same steel.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Before judgment: Application of criminal records and copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Social Service and Social Criminal Act lies in the criminal records subject to a fine of five times for the same offense, and in particular, even though the Defendant committed two unlicensed driving crimes during one year in 2013, it has committed the instant crime again under a state without a license in the same year. Therefore, there is a need for the corresponding punishment.

Provided, That probation and community service order shall be added to prevent the risk of recidivism in consideration of the fact that the defendant recognizes the crime and repents, and that the defendant has no criminal records exceeding the fine, etc.

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