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(영문) 수원지방법원 2017.07.05 2017고단2074
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than five 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 March 24, 2017, the Defendant, without a driver’s license of a motor vehicle around 19:30, driving B Poter freight in a section of approximately one kilometer from the top of the compact lux, which is located in the same Ri on the street, before the factoring lux.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 of the same Act as the selective punishment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances among the reasons for sentencing) - Defendant has the record of having been punished several times for the same offense. - Defendant has been concentratedly committing the same offense since 2016. - The Defendant has been sentenced two times in spite of having been sentenced two times, and has committed the same offense without any reflectivity, and the sentence exceeding the fine is inevitable. The favorable circumstances - the Defendant recognized all the criminal facts. - The Defendant has no record of having been sentenced to a fine exceeding the fine until now. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process in the above circumstances.

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