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(영문) 수원지방법원 평택지원 2013.06.13 2013고단529
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 April 12, 2013, at around 10:40, the Defendant driven the 8 tons of cargo vehicles without obtaining a driver's license in approximately 30km section from the front side of the Soci-si in Hongcheon-si, Seocheon-si, Seoul to the front side of the Pyeongtaek-si, but from about 30km section, the Defendant driven the 8 tons of cargo vehicles without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the statutes on the register of driver's licenses;

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, for the reason of sentencing under Article 62-2 of the Criminal Act, has been sentenced to a fine and a suspended sentence on several occasions due to driving without a license or driving under drinking, etc., he/she again commits the instant crime, it is deemed that a strict punishment is necessary.

However, probation, community service, and lecture attendance order shall be suspended at once only in consideration of various sentencing factors, such as the fact that the accused acknowledges the crime and misjudgments, etc.

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