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(영문) 수원지방법원 평택지원 2016.06.23 2016고단265
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 4, 2016, the Defendant driven a Done Star Engine without obtaining a driver’s license from around 50 meters from the front day of the Pyeongtaek-dong Non-Dong Dandong Hospital to the front day of the same Don Lone Star Don-dong Hospital.

On April 24, 2016, 2016, the Defendant driven Done Star Sheet without obtaining a driver’s license from the front road of the 25-lane 10, the 300-meter radius from the front road of the Dong-si, Pyeongtaek-si around 22:38 to the front road of the 116-1st road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the defendant;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the Criminal Act applicable to the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Criminal Act selection of punishment, and selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is not good that the crime is committed in light of the fact that a person has been punished four times due to a driving without the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act and two times with the record of being punished three times due to a drinking driving.

The sentence of imprisonment shall be sentenced, but the execution shall be suspended in consideration of the fact that no criminal record exceeds the fine and the vehicle is disposed of.

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