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(영문) 수원지방법원 여주지원 2017.03.21 2016고단1557
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 November 22, 2016, the Defendant, without obtaining a driver’s license on a motor vehicle from around 14:05, driving Bchier XG motor vehicles from around 50 meters to around 85-41, from the roads in front of the United Nations Industrial History, 62-gil-ro, Leecheon-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. 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 on the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act on July 6, 201, when the defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (unlicensed Driving) and a crime of violating the Road Traffic Act (drinking on drinking), the above court issued a summary order of KRW 3 million for the same crime at the same court on December 30, 2014, and on July 25, 2016, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (Dless Driving). In addition, even if the same crime of this case was committed in many times, it is not good that the defendant committed the crime of this case and the crime of this case was committed properly, although the defendant was engaged in the crime of this case at the time of driving around 204, and thus, it seems that the defendant's statement was unlikely to maintain the contents of the license of this case at the investigation agency.

However, in consideration of the fact that the defendant has no record of criminal punishment for any reason other than driving of drinking and driving without a license, and that there is no record of fine exceeding the fine, the punishment shall be determined as per the order.

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