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(영문) 수원지방법원 여주지원 2016.03.25 2016고단88
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2016, at around 10:10, the Defendant driven a truck Bwing-III without obtaining a motor vehicle driver’s license from the parking lot for the leisure area of the Young-dong Highway located in the Nam-si Eup to the point of 70K in the direction of the Incheon in the Dong-dong Highway located in Leecheon-si.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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 stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The sentence of punishment under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Provide community service and attend lectures shall be selected by taking into account the favorable circumstances, such as the fact that the defendant has been subject to punishment several times of the same kind of crime, and the defendant is under the time of committing his/her crime, and there is no record of punishment exceeding the previous fine, and the execution of the above imprisonment shall be suspended, but the order to provide community service and attend lectures shall be added to prevent recidivism. It is so decided as per Disposition by the court below.

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