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(영문) 수원지방법원 성남지원 2016.03.23 2015고단3009
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four 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

A. On April 27, 2003, the Defendant’s driver’s license was revoked due to driving under drinking alcohol.

On July 17, 2015, around 10:22, the Defendant driven a B-type truck without obtaining a driver’s license for a vehicle from the front front of the D-dong Gowon located in Sungnam-si, Sungnam-si to the front road of the 1259 revised Police Station, as it is the same from the front of the D-dong Gowon located in Sungnam-si, Sungnam-si.

B. The Defendant violated the Resident Registration Act by illegally using another person’s resident registration number E by receiving a resident registration number from a policeman C who confirmed that there was details of fines on the receipt of B cargo vehicle owners at the same time and place as the above paragraph (a). In order to conceal the fact of unauthorized driving, the Defendant illegally used another person’s resident registration number E.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Article 37 subparagraph 10 of the relevant Act on the Registration of Residents (the illegal use of any other person's resident registration number), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (the occupation of driving without a license) and the selection of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the suspended execution (a) (a majority of the criminal records of non-licensed driving are crimes, and the illegal use of the resident registration number of the sentence is a bad quality;

However, it shall be taken into account that D does not want punishment.

1. An order to attend a course under Article 62-2 of the Criminal Act;

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