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(영문) 수원지방법원 여주지원 2016.12.21 2016고단1200
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 24, 2016, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court on November 24, 2016, and on December 2, 2016, the Defendant was punished for the same violation of the Road Traffic Act (unlicensed Driving) and the violation of the Road Traffic Act (Driving Driving) more than five times.

【Criminal Facts】

On September 2, 2016, around 11:00, the Defendant driven B dump trucks without obtaining a driver's license at approximately 15 km section from the Do located in the white road in Ischeon-si to the front of 396 km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Records before judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal history records, inquiry reports, previous dispositions, results of confirmation, and reporting;

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. On September 2, 2015, the Defendant, who had been punished several times for committing a traffic-related crime (seven times a fine), including without a license for the reasons for the sentencing under the latter part of Articles 37 and 39(1) of the Criminal Procedure Act, committed the instant crime after being prosecuted for the same kind of crime, and the Defendant, after being charged for the same crime, was sentenced to the same punishment as the disposition, taking into account the circumstances where, after the license was revoked on September 2, 2015, the Defendant committed the instant crime for a short period of time, such as driving without a license for the instant crime, etc.

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