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(영문) 수원지방법원 성남지원 2017.05.12 2016고단3594
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[2016 Highest 3594] 1, and the Defendant driven a D Sp-type car at a section of about 500 meters from the upper end of 2952, Sungnam-gu, Sungnam-si, Sungnam-si, Seoul, about 17:05 on October 23, 2016 without a driver's license, from the upper end of 2952 to the upper end of 3303, the Defendant driven a D Sp-type car.

[2017 Highest 296]

2. On November 3, 2016, the Defendant driven an E-Poter truck without a driver’s license from approximately 3 km from approximately 3 km-ro 347, a 347-gil, Sung-gu, Sungnam-gu, Sungnam-si, Sungnam-si, Seoul, to the 39-ro, Mari-ro, Mari-ro, Mari-ro.

Summary of Evidence

[2016 Highest 3594]

1. Statement by the defendant in court;

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

1. A driver's license inquiry letter (2017 Height 296);

1. Statement by the defendant in court;

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

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the record of punishment for the crime of drinking alcohol driving, has a record of criminal punishment on several occasions.

In particular, on April 22, 2015, the Defendant was sentenced to 6 months of imprisonment with prison labor or 2 years of suspension of execution on April 22, 2015 and committed the crimes listed in Paragraph 1 of this case without being aware of the fact that he was under suspension of execution.

The defendant was punished by a fine after driving without a license during the period of the above suspension, and the defendant was punished by a fine during the period of the above suspension of execution, and was sentenced to a fine during the period of the above suspension of execution. Furthermore, even though he was investigated as a result of the crime of this case, he was investigated as a result of the crime of this case.

Considering these circumstances, the defendant should be punished with severe punishment.

However, the defendant confessions and reflects the crime of this case, respectively.

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