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(영문) 수원지방법원 평택지원 2018.11.15 2017고단1806
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On August 30, 2017, the Defendant was sentenced to a suspended sentence of two years on September 7, 2017 by imprisonment with prison labor for a crime of violating the Road Traffic Act (dacting driving) at the Suwon Friwon method, and the judgment became final and conclusive on September 7, 2017.

On June 13, 2017, the Defendant driven a Bran-do car without obtaining a driver's license from around 01:50 to around 4 km in the same city from the vicinity of the Pyeongtaek-si in Pyeongtaek-si to the front road of the same city of ski-Eup.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each report on investigation;

1. The driver's license ledger;

1. Application of a reply to inquiry, such as criminal history, and the application of the statutes on investigation reports (Attachment to the judgment);

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: Provided, That considering the fact that the reason for sentencing the first sentence of Article 39(1) (the first sentence) has been subject to the suspended sentence for a crime violating the Road Traffic Act several times and again, the Defendant committed the instant crime, it is reasonable to impose the sentence on the Defendant even if taking into account the equity in the case where the Defendant was tried

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