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(영문) 수원지방법원 여주지원 2015.07.17 2015고단456
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around 14:20 on May 18, 2015, the Defendant driven a B LV car without obtaining a driver's license from around 300 meters from the king Chang-ri 726th to the front of the king Sejong-ri road located in the same Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are the Defendant’s past records of punishment for the same kind of crime, etc.; however, the execution of the above imprisonment is suspended, taking into account the favorable circumstances, such as the Defendant’s timing of committing the crime and reflects, and there is no past record of punishment exceeding the previous fines, and the imposition of orders to provide community service and attend lectures to prevent recidivism, and the imposition of orders to prevent recidivism shall be determined as the same as the orders.

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