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(영문) 수원지방법원 안산지원 2016.08.16 2016고단2002
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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 May 13, 2016, the Defendant driven a Cunststun vehicle owned by the Defendant without a vehicle driver’s license from around 1km to around 259 as from the front day of the Sudo Rodo Rodo Rodon Rodon Dondo 124, to the front day of the Dondo Dondo Rodon Don-do Dondon-gun, Ydondon, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without 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 suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, and all the conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime, the sentence like the order shall be determined.

In addition, the defendant has a record of suspending the execution of imprisonment with prison labor on two occasions due to driving without a license and punishing five times fines, and there is a record of punishing three times due to driving without a license (excluding cases where there is a relationship between driving without a license and an ordinary competition).

However, during the last seven years, he did not commit a crime without a license (the record of punishment for drinking during the above period has only once) and would not repeat his vehicle again after disposing of it.

The consideration shall be given to the relevant points.

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