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(영문) 수원지방법원 평택지원 2016.09.22 2016고단1399
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

1. On July 11, 2016, the Defendant driven a B B B B B B-type car from the front side of the public parking lot located in Pyeongtaek-si, Pyeongtaek-dong to the entrance of the two-lane market at the same city from the front side of the public parking lot located in Pyeongtaek-si, Pyeongtaek-dong to the center of the same city.

2. On July 13, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle from around 10:05, driven a B B B B-T motor vehicle at a section of about 900 meters from the front line of Pyeongtaek-ri, Seocheon-ri, Seocheon-ri, U.S., to the front line of the same Cheongho-ri, Ga-ri, Ga-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without any license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination on the application of the sentencing criteria under Article 62-2 of the Criminal Act on the observation of protection: It shall not be applicable;

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