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(영문) 수원지방법원 평택지원 2015.01.16 2014고단1829
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2014, at around 11:20, the Defendant driven B car volume without obtaining a driver's license from approximately 2 km section from the day near the safe viewing road located in the Dobong-dong in Ansan-si to the day front of the Boak Library 233-4.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for sentencing of Article 62-2 of the Act on Probation and Order to Attend the crime of this case are limited to a simple unauthorized driving, and the defendant recognized the facts charged of this case and reflects his mistake, etc. may be considered as favorable circumstances to the defendant. However, even though the defendant had been punished four times after the driver's license was revoked due to a drunk driving in 2003, even if he had a record of being punished four times or more due to a non-exclusive driving, it is judged that the punishment of the fine is no more effective to prevent recidivism.

Therefore, the execution of imprisonment is suspended on condition of probation and order to attend the course.

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