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(영문) 수원지방법원 2017.08.08 2017고단2461
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

On March 27, 2017, around 08:20 on March 27, 2017, the Defendant driven C SP car without obtaining a driver's license from around 30km of the 1037 wind up to the wind side.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of the crime of this case; the defendant did not cause other damage, such as traffic accidents; and the defendant has no record of criminal punishment exceeding the fine.

(1) [Unfavorable Circumstances] The crime of this case is a case where the defendant drives a vehicle without a driver's license, and the quality of the crime is not good, and the defendant is subject to criminal punishment five times due to the same traffic crime as a traffic crime of violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (unlicensed driving). In particular, on September 23, 2012, when the driver's license of this case was revoked, the crime of this case was committed in this case without being aware of the record of being punished as a crime of violation of the Road Traffic Act (unlicensed driving) through two times.

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