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(영문) 수원지방법원 성남지원 2013.07.04 2013고단798
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[2013Kadan798] Around 16:00 on April 3, 2013, the Defendant driven a B Sti-type car without obtaining a driver’s license on a section of about 1km from the front of the Suwon High School located in the 120-dong, Seongbuk-gu, Sungnam-si to the front of the shooting distance of the Plue Village located in the same Dong.

[2013 Highest 1095]

1. Larceny;

A. On September 23, 2012, at the end of 23:00, the Defendant discovered the victim D’s E Spact-type car parked at the underground parking lot of 205, Sungnam-gu, Sungnam-si, Seoul, with a view to emergency maintenance, and cut off one of the above Spact-type car driving seats at the above Spact-type car amounting to KRW 800,000,000 at the market price using the emergency maintenance tool;

B. On January 20, 2013, the Defendant was above the Defendant around 22:30.

At the port of port, it is found that the victim D's E SP car is parked.

In the same way as the paragraph, one of the first strings of the passenger car in the 800,000 won of the market was cut off.

2. On November 21, 2012, the Defendant violated the Road Traffic Act (unlicensed Driving) driving license, but around 17:00 on February 7, 2013, the Defendant driven B SP-type car from the 205-dong (Seoul apartment), Sungnam-si, to the 1282 Embri-si (U.S.), G SP-type death vehicle from the 205-dong underground parking lot to the 1282 Embri-si (U.S.), without a vehicle driving license.

Summary of Evidence

[2013 Highest 798]

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license, and a written inquiry about driver's license (2013 Highest 1095);

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Article 329 of the Criminal Act and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. The Defendant’s reasons for sentencing under Article 62-2(1) of the Probation Criminal Act reflects the instant crime, but was punished twice 2012 due to unauthorized driving.

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