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(영문) 수원지방법원 안산지원 2016.01.19 2015고단3273
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2015, the Defendant driven BM passenger cars without a motor vehicle driver's license in the section of approximately 4 km from the front side of the Godaesan Hospital located in the Gu of Ansan-si to the front side of the Ansan-si, Ansan-si, 460 to 520 Dong (Sadong, Pasan-dong apartment 5 complex) of the Masan-si, Masan-si, Masan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the situation report on driving without licenses and driver's license;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances: (a) the Defendant had six criminal records related to traffic, including one driver’s license without a license; (b) the Defendant committed the instant crime despite the revocation of a license due to driving under drinking in 2014; (c) the Defendant reflects the Defendant’s mistake; (d) the Defendant committed the instant crime for the discharge of his/her spouse; and (e) the same criminal records constitute the instant crime for the discharge of his/her spouse; and (e) the Defendant has no record of punishment exceeding the fine due to the same type of criminal records;

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