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(영문) 수원지방법원 성남지원 2016.12.01 2016고단3035
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 20, 2016, the Defendant, without a car driver’s license on September 19:5, 2016, driven the B Costex vehicle at approximately 4km from the shooting distance to the front road of the Gyeonggi Sung-nam city, Jinnam-si, Seoul Special Metropolitan City, to the end of about 60km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of operation without a license, the register of driver’s licenses for automobiles, and making an inquiry into the car;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, re-offending the same criminal records (including the suspended sentence in 2010) on several occasions.

However, the execution of the sentence shall be suspended instead of the sentence in consideration of the fact that there is no other damage due to a simple driving without a license, the fact that there is no error, and the fact that it is expected to obtain a subsequent license, but it shall be ordered that the probation and community service for two years should be supervised as to whether the sentence was re-offending and the status

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