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(영문) 수원지방법원 평택지원 2013.09.26 2013고단1056
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

On July 19, 2013, at around 02:07, the Defendant driven a BM7 car without a car driver’s license from approximately 500 meters section from the front of Pyeongtaek-si-dong to the front of the Korea Industrial Complex in Pyeongtaek-si.

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. Application of the Acts and subordinate statutes of the hostile inquiry;

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. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she was found to have been fined twice due to unauthorized driving or drunk driving on the grounds of the recent sentencing, the liability for the instant crime is not easy.

However, the suspension of execution is to be imposed on the condition that an order to attend a lecture is given only once in consideration of various sentencing factors, such as the defendant's age, occupation, and criminal records, including the fact that the defendant acknowledges the crime and misjudgments, and the defendant has no criminal record exceeding the fine.

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