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(영문) 수원지방법원 여주지원 2015.08.17 2015고단595
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 8, 2013, the Defendant issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving without a license) at the credit support of Suwon District Court on February 8, 2013. On September 6, 2013, the Defendant issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving without a license) at the same court on September 6, 2013. On February 7, 2014, the same court issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving without a license), and on October 22, 2014, the Defendant issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving without a license) at the same court on October 22, 2014.

On May 25, 2015, the Defendant, without obtaining a driver’s license at around 19:04 on May 25, 2015, driven Crocketing car at approximately 2 km from the front of the inn city B to the 34 km-ro, south-Eup, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a driver's license;

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. In light of the fact that the sentence of Article 62-2 of the Criminal Act, even though several times of criminal records of the same kind of crime with the reason of sentencing, again led to the crime of this case, it should be sentenced to a strict punishment. However, it is ordered as ordered under the condition that an order to attend a lecture is given in consideration of the reason for sentencing under Article 51 of the Criminal Act,

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