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(영문) 수원지방법원 평택지원 2013.08.29 2013고단852
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:40 on July 2, 2013, the Defendant, without a driver’s license for a car, driven a D low-speed car at a section of about 500 meters from the front day of the Seohae Tourist Hotel located in the Singue Eup in Pyeongtaek-si to the front day of the luxe-ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order, committed the instant crime again even though he/she had been sentenced to a fine or suspended execution on several occasions due to driving without a license, etc., it seems that

However, the probation and community service order should be sentenced to probation only once in consideration of various sentencing factors, such as the defendant's age, occupation and family environment, the background leading to the crime, etc. including the fact that the defendant recognized the crime and committed a mistake.

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