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(영문) 수원지방법원 성남지원 2017.11.15 2017고단2665
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On August 30, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on August 30, 2017, driven B-type cargo vehicles at approximately 100 meters from the front of the mountain cafeteria cafeteria Corpo-si in Gwangju City to the front of the GS convenience store located in the same city, 560 morri-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make inquiries into an unlicensed operating situation, a written statement of vehicle operation, and the main office;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, reasons for sentencing of sentence of imprisonment or imprisonment with prison labor for the crime;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - In view of the fact that the defendant has a number of unlicensed driving skills over six months of imprisonment, and that the defendant repeats the same type of crime during the suspension of execution and protection observation period, it is judged that the same type of punishment has no effect on correction.

Pronouncement of sentence is inevitable.

However, considering the fact that the defendant's confession and reflects on the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the punishment shall be determined by taking into account the various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records and arguments of this case, such as the circumstances after the crime.

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