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(영문) 수원지방법원 2017.08.08 2017고단3253
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 4, 2017, the Defendant driven a car in the B test without obtaining a driver's license from a section of about 400 meters in front of a mutually influent Hanwon, which is located in the Young-gu Tong, Young-gu, Suwon-si, Suwon-si, to the front road of the network flow distance located in the same Young-gu, Young-gu.

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 punishment as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of the crime of this case; the defendant did not cause other damage, such as traffic accidents; and the defendant has no record of criminal punishment exceeding the fine.

(1) [Unfavorable Circumstances] The crime of this case is a case in which the defendant drives a vehicle without a driver's license, and the quality of the crime is not good, and the defendant is punished seven times by criminal punishment due to the same traffic crime, such as a violation of the Road Traffic Act (dacting) and a violation of the Road Traffic Act (dacting without a driver's license). On October 12, 2013, when the driver's license of this case was revoked, the defendant committed the crime of this case without being aware of the past three times as a crime of violating the Road Traffic Act (dacting without a driver's license).

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