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(영문) 수원지방법원 2017.08.08 2017고단3638
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 May 11, 2017, at around 08:35, the Defendant driven a tea set forth in B, without obtaining a driver’s license, from around about about 10km section from the sick point located in 97, Jeonwon-ro, Jeonwon-si, Jeonwon-si, to the front road of the oil station in Suwon-si, Jeonwon-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 (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 led to the confession of the crime of this case and recognized his mistake; the defendant did not cause other damage, such as traffic accidents; the defendant has no record of criminal punishment exceeding the fine; the defendant is undergoing the individual rehabilitation procedure; the defendant has the spouse and children who are under the age of support.

(1) [Unfavorable circumstances] The instant crime was committed on June 17, 2014 by the Defendant without a driver's license, and the quality of the instant crime was not good, and the Defendant committed the instant crime under the revocation of a driver's license on June 17, 2014. The Defendant was punished five times due to the same traffic crime (the Defendant was issued a summary order of KRW 2 million due to a crime of violating the Road Traffic Act (unlicensed Driving) on April 12, 2017, and the Defendant committed the instant crime since it did not leave for one month).

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