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(영문) 수원지방법원 여주지원 2016.07.22 2016고단575
도로교통법위반(무면허운전)
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

1. The Defendant, on May 17, 2016, driven a C Poter Cargo Vehicle without obtaining a driver’s license from around 20km from May 17, 2016, to the G Poter Park in the same city from around 09:00 to the G Poter Park in the same city from around 17, 2016.

2. The Defendant, on June 1, 2016, driven a vehicle without obtaining a driver’s license in the section of about 12 km from the front of the Seoul-do community service center located in the Chungcheongnam-si, Chungcheongnam-si to the point of 263 km away from the Do to the point of 263 km located in the south Eup/Myeon, which is located in the Nam-si, Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Traffic Act, the selection of punishment for a crime, and the 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 stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The execution of a sentence under Article 62-2 of the Social Service Order Act, Articles 32 and 59 of the Act on the Protection, Observation, etc. of Social Service Order is suspended in light of the favorable circumstances, such as the following: (a) the defendant has been punished several times for the same crime; and (b) the defendant selects imprisonment in light of the unfavorable circumstances, such as the fact that he/she has been investigated as a preceding crime and has been driving without license for the same kind of crime; (c) the defendant is aware of and reflects his/her criminal act; and (d) the defendant has no history exceeding the past fine; and (c) the execution of a sentence is suspended in order to supplement the protection observation

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