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(영문) 수원지방법원 평택지원 2013.04.18 2013고단277
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 7, 2013, at around 20:50, the Defendant driven a BS5 vehicle without a driver’s license from the vicinity of the quarter of the non-presidential zone located in the non-presidential zone in Daejeon-dong, Daejeon-gu, Daejeon-do to the front road located in the 168 km from the main direction of the non-presidential zone.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

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

1. On January 18, 2011, the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as probation, community service, or order to attend a lecture, is sentenced to imprisonment for 4 months and 2 years of suspended execution, and the above judgment became final and conclusive on January 26, 201, at the Busan District Court, for the reason of sentencing under Article 62-2 of the Criminal Act, for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving). In light of the fact that the defendant again committed the instant crime even if he had a previous conviction, it is necessary

However, the probation, community service, and the order to attend a lecture is to be suspended only once in consideration of various sentencing factors, such as the fact that the defendant has recognized the crime and made a mistake that he/she would not re-licensed the driving without permission, etc.

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