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(영문) 수원지방법원 2018.05.15 2017고단3256
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 March 4, 2017, the Defendant operated a DNA window-car on the front side of C, located in Suwon-si Zone B without obtaining a driver's license on March 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of unauthorized drivers;

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 on the suspended execution;

1. On November 22, 2013, the crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act was committed by the Defendant, whose driver’s license was revoked on November 2, 2013, and the quality of the crime is not less than that of the Defendant’s driving without a license. The Defendant was punished twice by a fine on November 2014 due to non-licenseless driving in December 2014, and was discovered by non-licenseless driving in February 2017. However, even if it was discovered by non-licenseless driving in February 2017, there is a little possibility of criticism.

However, in light of various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime in this case and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant has recognized the crime in this case; (b) the defendant has not been punished for a stay of execution or more; and (c) the defendant has no record of being punished until that time; and (d)

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