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(영문) 수원지방법원 평택지원 2017.03.08 2016고단1869
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 18, 2016, the Defendant written the indictment from the front side of the Kim Han-dong, located in Eup on June 18, 2016, to the erroneous distance from 1639-2 to 1639-2 inside the Dong-dong of the same Eup. However, according to the evidence record, this part is an obvious clerical error, and this part in this case where the Defendant led to the Defendant’s confession of crime is not related to guaranteeing the Defendant’s right of defense, and thus, is corrected ex officio.

In the section of about 200 meters, the driver has driven the B SP vehicle without obtaining the driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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 an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has been punished for a crime of drinking alcohol or a crime of non-licensed driving on several occasions, and others favorable conditions such as confession, reflectivity, and failure to drive a license in the future: The defendant's age, family relation, circumstances after committing a crime, etc.; the sentence of imprisonment with prison labor for not less than six months; the suspension of execution for not less than two years; and the order of surveillance for not less than two years; and

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