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(영문) 수원지방법원 2017.06.15 2017고단493
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 January 16, 2017, the Defendant driven a motor vehicle from 120 to 1590 Bowon-ro, Young-gu, Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) with no driver’s license from around 2 km to the front road of Suwon-si, Young-gu, Young-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).

Summary of Evidence

1. Application of the defendant's legal statement detection report of the case (Evidence No. 2), the driver's license report of the driver's license report of the driver's license of the motor vehicle, and the Acts and subordinate statutes of next-

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 (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. On April 20, 2016, the Defendant again committed the instant crime even if he/she was sentenced to a fine on three occasions by driving without a license within a short period of time after the revocation of the driver’s license of a motor vehicle on April 20, 2016.

In addition, the history of fine due to drinking driving is four times.

Therefore, strict punishment is required.

However, it is necessary to take into account the fact that the crime is prevented, such as recognizing mistakes and disposing of owned vehicles, and that there is no previous conviction for suspension of execution or more.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be comprehensively determined as per the disposition.

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