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(영문) 수원지방법원 2018.08.29 2018고단3582
도로교통법위반(무면허운전)
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2018, the Defendant, without obtaining a driver's license on a motor vehicle from around 11:27, driving a B car at the section of about 35 km from 823 to 1,000, in the city of Silung-dong, as the circulation of the B car at the time of Silung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Working circumstances report and control site photographs without a license;

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

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture [the scope of punishment] The sentence shall be determined as ordered in consideration of the following circumstances and other conditions of sentencing indicated in the record, such as the defendant's age, sex, environment, motive and circumstances after the crime, etc.

Unfavorable circumstances: The Defendant, in 2011 and 2016, has not been aware of the fact that he had been punished twice a fine for the same kind of crime, but has not been aware of the fact that he re-licensed to drive without obtaining a license: The Defendant scrapped his own vehicle and did not drive without obtaining a license by scrapping it with his attitude to recognize and seriously reflect his mistake.

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