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(영문) 수원지방법원 안산지원 2016.10.07 2016고단2303
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

around 20:40 on June 9, 2016, the Defendant driven Bschnton car from the fishing place located in the water village of the Seosung City on the water surface of the Seosung City on June 9, 2016 to the 21:20 on June 9, 2016 on the 26km in the spactton car without a motor vehicle driver’s license.

around 19:40 on July 6, 2016, the Defendant driven a Bschton car at approximately 10 km section from the water village of the Seosung-si in Gyeonggi-do to the front road of the same Gu, and without a driver’s license, from around 10 km section of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the current status of driving without licenses, and application of the Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Despite the fact that community service and lecture attendance order Article 62-2 of the Criminal Act could have the same criminal records as the sentencing reasons, the crime of this case has been committed again.

The same mistake was made within one month after the driver's license was discovered.

A serious punishment is required.

However, the mistake is recognized and reflected.

approximately six years of age, there is no record of the same kind of crime.

Simpleless driving is not a drinking driving or accident but a licenseless driving.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.

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