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(영문) 수원지방법원 여주지원 2017.04.28 2017고단170
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 February 8, 2017, around 20:55, the Defendant driven Bra-car without the driver’s license from around 1km to the front of the funeral distance in the same city, from the gold Dogg-ri to the gold Dog-ri, Sigcheon-do. The summary of the evidence.

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (unlicensed Driving Point), and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on the observation of protection and observation is that the Defendant did not have obtained a previous driver’s license, but had a record of being punished for a crime of violation of the Road Traffic Act (non-exclusive license) in addition to the instant crime, in light of the fact that the Defendant was sentenced to a fine on April 27, 2001; May 24, 2001; April 9, 2002; October 1, 2010; June 2, 2016; or on June 2, 2016, the risk of recidivism is very high.

Accordingly, the defendant's selection and punishment of imprisonment is to be imposed to punish the recidivism in the future, and the defendant has no record of criminal punishment exceeding the fine, the punishment is determined as ordered in consideration of the absence of such record.

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