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Reasons
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(영문) 수원지방법원 여주지원 2016.12.13 2016고단1205
도로교통법위반(무면허운전)
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A defendant shall be punished by imprisonment for six 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

1. The Defendant committed the crime of September 20, 2016, around 16:10 on September 20, 2016, driven the Bone Star Cargo without obtaining a motor vehicle driver’s license from the front line of the Tran-si, 1802, to the additional launch distance of approximately KRW 1k from the Do in front of the Tran-si, 1802, to the same city.

2. The Defendant, on October 7, 2016, driven a Bone Star Cargo without obtaining a driver’s license from around 500 meters from the Do in the front of the GMha Apartment apartment located in Ischeon-ro 50, 2016, to the front of the Defendant’s residence in the same city C, from around 500 meters, around October 7, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, the choice of punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment without prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be decided as per Disposition in consideration of the defendant's age, family environment, past criminal history, motive for the crime, circumstances after the crime, etc., such as the following: (a) the defendant had a history of punishment for the past drinking, driving without a license; (b) the situation that the previous driving without license has been controlled for a long time; and (c) the defendant has no record of punishment exceeding the fine for the same kind of crime; and (d) the defendant's age, family environment, past history, motive for the crime, etc.

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