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(영문) 수원지방법원 안산지원 2014.12.09 2014고단2119
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On September 30, 2009, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act in the Ansan District Court’s Ansan Branch on September 30, 2009; on May 20, 2010, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving without a license) from the same support on November 11, 201; on the same support on June 29, 201, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving without a license) and was sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving without a license) from the same support on September 24, 2012; from the same support on September 24, 2012, the Defendant was sentenced to a fine of 3 million won for a violation of the Road Traffic Act.

2. Criminal facts: (a) on July 12, 2014, the Defendant driven a D Carpon in the section of approximately 800 meters from the 611-6th of the Masan-dong, Masan-dong, Masan-si to the 1123 Masan-dong, Masan-dong, Masan-dong, without obtaining a driver’s license on July 12, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a traffic accident report (1) (1) report (1) on an accident site report, photographs of an accident site, the ledger of driver's license (Evidence No. 7), criminal records, etc. inquiry report (A), investigation report (Attachment of a copy of judgment, etc.), and summary order 2009 high-level and 20208 high-

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.: The fact that there exists a 4-time drinking driving record and a 3-timeless driving criminal record after having been sentenced to a suspended sentence due to drinking driving and driving without a license, and the defendant was placed under a sentence of a fine again after having been sentenced to a suspended sentence due to a driving without a license and driving without a license, and the above period of suspended sentence has not yet passed one week after the expiration of the period of suspended sentence, and thus, he/she constitutes the crime of this case:

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