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(영문) 수원지방법원 여주지원 2015.06.05 2015고단263
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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

On March 19, 2015, the Defendant, without obtaining a driver's license on March 21, 2015, driven a BFL car from around 150 meters in a section from the front day of the 117 secondary village of the 117 secondary village to the front day of the 72nd village of the 72nd village of the 2nd village of the 150th metropolitan city without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. include drinking, driving without a license, and committing again the instant crime even though the Defendant had been punished four times or more due to drinking, driving without license, etc. However, on the other hand, the Defendant is going to not to drive in the state of licenses in the future when he/she committed the instant crime. On the other hand, the Defendant has no other criminal power except the above criminal power, and the above criminal power is both fines, and other favorable circumstances, such as the Defendant’s age, family environment, motive for the crime, circumstances after the crime, etc., the execution of imprisonment shall be suspended, but the order to attend education shall be added to prevent recidivism, as ordered in the Disposition.

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