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(영문) 수원지방법원 2017.10.17 2017고단5231
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

Criminal facts

On July 20, 2017, around 16:20, the Defendant driven a cub car in B without a driver's license from around the roads near the construction site of the new construction site located in the Namcheon-gu Seoul Metropolitan City to the roads near the Jinani Jini Jini Jin-ro 310 in the same dynam-ro 310.

Summary of Evidence

1. Statement by the defendant in court;

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

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. Circumstances favorable to the accused for sentencing of Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Courses are as follows:

The defendant is divided into and reflected in the crime of this case.

The distance of the defendant's vehicle operation is relatively short.

The instant crime did not cause any personal and material damage.

The defendant has no previous convictions of imprisonment.

Circumstances unfavorable to the defendant are as follows:

In 2014, the defendant committed the crime of this case again despite the fact that he had been sentenced to criminal punishment several times, including the suspended sentence of imprisonment due to driving without a license.

The defendant has been punished several times by a fine for violation of traffic regulations, such as drinking driving.

In addition to the above circumstances, in consideration of the Defendant’s age, sex, career, environment, circumstances after the commission of the crime and the circumstances after the commission of the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions as indicated in the instant records and arguments.

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