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(영문) 수원지방법원 평택지원 2014.10.23 2014고단1253
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

[criminal power] On May 21, 2012, the Defendant was issued a summary order of KRW 1 million at the Suwon District Court’s House for a violation of the Road Traffic Act (unlicensed Driving). On November 9, 2012, the Defendant issued a summary order of KRW 2 million for the same crime at the same court on the same day, and on March 15, 2013, the Defendant issued a summary order of KRW 2 million as a fine for the same crime. On April 1, 2014, the court issued a summary order of KRW 3 million as the same crime.

【Criminal Facts】

On May 26, 2014, at around 10:00, the Defendant driven a Bsch Rexton car without a car driver’s license from around about 2 km section from the front of the Taejin Office in Pyeongtaek-dong to the front road in the same eurg Park in the same eurg-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is a case where the defendant, who had had been punished twice due to drunk driving and four times due to unlicensed driving, once again drives without a license, and there is a need for punishment corresponding to the punishment corresponding to such crime.

However, a suspended sentence shall be imposed in consideration of the fact that the defendant is against the recognition of the crime, and that there is no criminal record exceeding the fine, etc. However, since the defendant is highly likely to repeat a crime by repeating a short term, it shall be sentenced to a suspended sentence on the condition of probation and community service order.

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