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(영문) 수원지방법원 2018.04.11 2018고단589
도로교통법위반(무면허운전)
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 6, 2018, the Defendant driven a car BM520 without a motor vehicle driver's license at a section of about 5 km from the 09:50, Ansan-si, Sinsan-si to the point of approximately 17.4 km in the direction of the Incheon-dong Highway located in the same Guedong-dong to the same 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 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of sentencing] of one year or less (the sentence of sentence] shall be determined as ordered in consideration of the following circumstances and other conditions of sentencing indicated in the records, such as Defendant’s age, sexual behavior, environment, motive and circumstances after committing a crime, etc.

Unless the defendant was aware of the fact that he had been punished twice for the same kind of crime in 2017, the defendant committed the crime of this case without being aware of the fact that he had been punished twice for the same crime: The fact that he seems to have recognized his mistake and seriously against him.

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