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(영문) 수원지방법원 여주지원 2015.12.16 2015고단1050
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 31, 2009, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act (unlicensed Driving) at the credit branch of Suwon District Court on March 31, 2009. On January 5, 2010, the Defendant was sentenced to a suspended sentence of four months with imprisonment for the same crime at the Pyeongtaek District Court’s site site on January 5, 2010. On May 6, 2015, the Defendant was sentenced to a summary order of two million won for a violation of the Road Traffic Act (driving) from the credit branch of Suwon District Court on May 6, 2015.

On October 8, 2015, the Defendant, without obtaining a driver’s license at around 08:00 on October 8, 2015, driven B rocketing car from approximately 700 meters away from the 2652 Hacheon-si, the 10-18 Gicheon-si, Hacheon-si to the echeon-si from the 2652 Hacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. In light of the fact that the defendant for sentencing of Article 62-2 of the Criminal Act, despite having the same kind of force, such as drinking driving, etc., he/she again commits the crime of this case, he/she shall be punished with severe punishment.

However, the punishment was determined in consideration of the reasons for sentencing prescribed in Article 51 of the Criminal Act, such as the confession and reflect of the crime, and the fact that the defendant is in driving without a license.

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