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(영문) 수원지방법원 성남지원 2017.09.13 2017고단1845
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor 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 June 2, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle around 10:25 on both sides, driven B, from the front side of the luminous ray to the 3rd road at the same time, approximately 900 meters wide from the front side of the luminous ray at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. An output of the vehicle driver's license ledger;

1. Report on the circumstances of driving without a license, and application of Acts and subordinate statutes governing field photographs;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - Six months of imprisonment;

2. Determination - Imprisonment shall be selected in consideration of four months of imprisonment, and the criminal defendant's records of drinking and non-licensed driving over several times a year of stay of execution.

However, considering the favorable circumstances in which confession, reflects, and has no record of the suspension of execution or more severe punishment, the punishment should be determined by comprehensively taking account of the following factors: the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, and the various sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments, and the execution of the punishment shall be

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