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(영문) 수원지방법원 안산지원 2017.11.23 2017고단2448
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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

On April 30, 2017, the Defendant, at around 21:20, driven a vehicle without a motor vehicle driver’s license, from the front of the office of the Dobong-gu Seoul Metropolitan Government to the front road of the Ansan-gu, Seosan-dong, Seosan-dong, Seosan-gu, Gapo-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A traffic accident report report, survey report, license ledger (45 pages of evidence records), and circumstantial report on driving without licenses;

1. Application of Acts and subordinate statutes governing accidents;

1. Relevant legal provisions of the Act and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, the choice of punishment for a crime (in unfavorable circumstances, such as the fact that the defendant has been punished for the same kind of crime several times) and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (the favorable circumstances, such as the fact that the defendant has recognized his/her mistake and reflected his/her mistake, and that the defendant has no record of punishment exceeding the fine for a traffic-related crime);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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