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(영문) 수원지방법원 평택지원 2014.11.28 2014고단1584
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

[criminal power] On July 31, 2002, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (unlicensed driving), etc. on August 29, 2003, the Defendant was issued a summary order of KRW 1 million for the same crime at Suwon District Court on August 29, 2003, and on February 9, 2004, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Seoul Southern District Court on February 9, 2004, and was issued a summary order of KRW 2 million for the same crime on August 7, 2014.

【Criminal Facts】

On October 15, 2014, the Defendant, without obtaining a driver's license on October 15, 2014, driven a B string vehicle from approximately 3 km to the front road of the Taeduk Elementary School located in the Induk-gu Indial Dog in the same Dog Agency at approximately 15:10.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes of four copies of criminal records and summary order;

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the criminal records of the probation and community service order are only once sentenced to suspended sentence due to drinking driving and driving without a license, etc., and the criminal records of seven times or more, which are punished by drinking or driving without a license, are heavier than that of driving without a license.

However, in consideration of the fact that the defendant is divided into crimes, the suspended sentence shall be imposed on the condition of probation and community service order, taking into account the fact that the defendant is a simple driver without a license and that the suspended sentence has passed for more than 10 years.

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