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(영문) 수원지방법원 2017.08.08 2017고단2319
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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 April 7, 2017, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon method, and the judgment was finalized on April 15, 2017.

1. The Defendant, on March 26, 2017, driven a DNA-si car without obtaining a driver’s license from around 2 km section from March 26, 2017 to around 1520, as from the road in the Suwon-si, Suwon-si, Suwon-si, the Suwon-si, Seoul-si, to the network flow distance, located in 1520, as well as from around 2km to the front road of the network flow distance in 1520.

2. The criminal defendant committed on April 4, 2017;

4. 4. Around 09:30, a person driving a DNA-si car without obtaining a driver's license from approximately 4 km section from the front of the city line C at the same city line, to the prosperity distance in the Dong through Young-gu, Young-gu, Dong, Young-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without any license;

1. The ledger of driver's licenses of each motor vehicle;

1. Previous convictions in judgment: Application of a reply letter to inquiry, text of judgment, summary information of the case, such as criminal history;

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with the punishment prescribed for a violation of Road Traffic Act (unlicensed Driving) as of No. 2 of the holding of heavier punishment];

1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[ favorable circumstances] The Defendant, who led to the confession of each of the instant crimes, recognized his mistake, and the Defendant did not cause other damages, such as traffic accidents.

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