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(영문) 수원지방법원 성남지원 2017.11.09 2017고단2095
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

[criminal history] On June 22, 2017, the Defendant was sentenced to a suspended sentence of two years on August 26, 2017, on the grounds of the charge of forging a private signature and violating Road Traffic Act (unlicensed Driving) at the Sungnam Support Center of Suwon Friwon, and the said judgment became final and conclusive on October 26, 2017.

[Criminal facts] On June 16, 2017, the Defendant driven a Damp Freight Vehicle C without obtaining a driver’s license from the front day of the Geum-dong National Archives of Geum-dong, Young-gu, Sinnam-si to the 825th day of the same Gu king-ro 825.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger, etc.;

1. Previous records: Application of the results of inquiry, text of judgment, investigation report (the confirmation date of the relevant case) Acts and subordinate statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has been punished three times by driving without a license, and the crime is very heavy in light of the fact that the court continues to drive without a license and re-working without a license in this court.

However, the records of this case, including the fact that the defendant is against himself, there is no criminal conviction exceeding the suspension of execution, balance with the case where the defendant is judged at the same time as the previous conviction in the judgment, and other various sentencing factors in the previous theories, such as the defendant's age, environment, sexual conduct, motive and means of the crime, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as ordered.

The punishment shall be determined as ordered in consideration of the details of the order.

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