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(영문) 수원지방법원 성남지원 2018.09.13 2018고단1318
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 5, 2018, the Defendant operated C Poter vehicle without a driver’s license from the Gannam-si Park around 15:40 to the Gannam-si Park, Sungnam-gu, Sungnam-gu, Gannam-ro, 150-ro, Gandong-gu, Sungnam-gu, Nannam-si, Gandong-gu,

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on license ledger;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is very poor in light of the fact that the Defendant, after the driver’s license was revoked on May 17, 2016, was sentenced several times after driving without a license, and again driving without a license.

However, the punishment is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the defendant, the age, environment, sex, motive and means of the crime, and circumstances after the crime.

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