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(영문) 수원지방법원 안산지원 2016.09.23 2016고단1832
도로교통법위반(무면허운전)등
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

"2016 Highest 1832"

1. On April 8, 2016, at around 01:50, the Defendant driven an ES5 car without the driver’s license from around 50 meters to around 50 meters from the 48 Bluking-dong, Singu, Sinri-dong, to the front road of Sinri-si.

2. On April 28, 2016, around 19:32, the Defendant driven an EM5 vehicle without the driver’s license from around 200 meters to around 1742-5, Haak-dong 1733-4, Haak-dong, Haak-si, Haak-si, Haak-si, Haak-si, Haak-si.

around 07:40 on June 28, 2016, the Defendant driven ESM5 car without a driver’s license, while under the influence of alcohol leveling 0.080% from the front of the Gyeonggi Science and Technology University No. 269 to the front of the Sig Gero Gero Gero Gero Gero 270, to the front of the Gero Gero Gao Gero Garo 201, while under the influence of alcohol leveling 0.080%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without any license, and the ledger of driver's licenses;

1. Application of the circumstantial statement of the driver involved and the statutes of the response to the request for appraisal;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act and the choice of imprisonment, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Even though it has been possible to have the record of being punished for the same crime as the sentencing of Article 62-2 of the Criminal Act, the crime of this case has been committed.

It is necessary to make strict penalties.

Provided, That there is no criminal offense exceeding a fine.

In addition, the punishment shall be determined as ordered by comprehensively taking into account all the sentencing conditions shown in the records and theories of this case, such as the character, conduct, environment, motive and background of the crime, and circumstances after the crime.

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