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(영문) 수원지방법원 성남지원 2016.08.11 2016고단925
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

The defendant is a person who drives a B halog car.

On March 18, 2016, the Defendant is driving the said vehicle at around 21:20, without a driver’s license of a motor vehicle on March 18, 2016, a section of approximately 1 km from the street in front of the branch of the Gu to about 35,00,00 in 35,00 per hour.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant is repeatedly driving without a license even though his/her driver’s license was revoked due to driving of drinking around September 2015, and the quality of the offense is not good.

However, comprehensively taking account of the following factors: Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, including the fact that he/she has committed a crime and has no criminal record exceeding fines, the sentence is determined as ordered.

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