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(영문) 수원지방법원 2017.06.13 2017고단1761
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

On March 11, 2017, the Defendant driven a knive motor vehicle with B, from the Jeju Jeju Jeju High Zone to the 1111st road in the Nam Dong-dong, Namdong-dong, Incheon, Jeju High Zone on March 11, 2017, without obtaining a driver's license.

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. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of the crime of this case; the defendant did not cause other damage, such as traffic accidents; and the defendant has no record of criminal punishment exceeding the fine.

[Unfavorable Circumstances] The crime of this case is a case where the defendant drives a vehicle without a driver's license and the quality of the crime is not good, and the defendant has been sentenced five times to a fine due to the same kind of traffic crime, such as a violation of the Road Traffic Act (drinking) and a violation of the Road Traffic Act (licensed driving).

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