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(영문) 의정부지방법원 2017.05.24 2016고단4143
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 October 4, 2016, the Defendant driven a Grand-ro car without obtaining a driver’s license from around 3km to around 76 minutes of the Geumyang-si, Geumyang-si, Geumyang-si to around 10:0,00, from around 10:0 to around 76 of the “punch” road.

On February 27, 2017, the Defendant driven approximately 20 meters of 12 meters of Ganbland to the front road of the Seondo-do-do-ro 6th of the Namyang-si-si, the Do-do-do-do-do-do-do-ro Do-do-do-si, without a driver's license around 09:50 on February 27, 2017.

Summary of Evidence

"2016 Highest 4143"

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. "Motor vehicle driver's license ledger 2017 high group 1110";

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, had already 2 or more driving licenses at the end of driving three times, and had been notified of the trial date of the instant case due to driving without licenses, again driving without licenses even after being notified of the trial date of the instant case.

Moreover, it is difficult to be subject to punishment of fines that are less exceptionally.

However, the defendant is currently pening in depth, is living without any other punishment except a fine or a traffic-related criminal record, and the age, sex, environment, etc. of the defendant shall be determined as the same as the order, in consideration of all of the defendant's age, sex, environment, etc.

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