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(영문) 수원지방법원 평택지원 2016.06.17 2016고단563
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant was sentenced to a suspended sentence of two years in August, 2016, due to a violation of road traffic law (drinking) at the Suwon District Court’s Pyeongtaek District Court’s site, and the said judgment became final and conclusive on April 7, 2016.

On April 6, 2016, at around 08:00, the Defendant driven CM5 car without obtaining a driver's license from around 200 meters from the 656-9, Pyeongtaek-dong, Gyeonggi-do, to the front road of the 3rd-dong court at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Police investigation report (report on the situation of driving without a license);

1. Previous convictions: Inquiry into criminal history, report on investigation (crimes before the judgment of suspension of execution becomes final and conclusive), text of judgment, and application of search statutes of the Supreme Court;

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. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: the reason for sentencing under Article 39(1) - The defendant's driving distance without obtaining a license is not clear, and the circumstances leading to the crime are not considered. However, the defendant on March 31, 2016, such as the crime of violation of Road Traffic Act (driving of Drinking) and the crime of violation of Road Traffic Act (Non-licensed Driving), etc. on March 31, 2016, after being sentenced to a suspended sentence of two years in imprisonment with prison labor in the court, and committed this case before the said judgment becomes final and conclusive, but at least in the first instance trial, the sentence of imprisonment is inevitable.

It is so decided as per Disposition for the above reasons.

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