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(영문) 수원지방법원 여주지원 2016.09.09 2016고단726
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment 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 9, 2016, around 10:30, the Defendant driven a bexton car without obtaining a driver’s license from the front side of the 1538 non-permanent feed, located in the 1538 South Eup/Myeon, to the front side of the 627-59 km in the same city.

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 reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend the Republic of Korea has a record of having been punished several times for the same kind of crime, and even if there is a record of regulating driving without a license even on May 11, 2016, the defendant would not drive without a license again while committing his/her crime.

It is so decided as per Disposition by taking into account the favorable circumstances such as the fact that the defendant is living together, the age, family environment, past records of crimes, motive of crimes, circumstances after crimes, etc.

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