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(영문) 수원지방법원 2017.08.22 2017고단803
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

Criminal facts

1. On February 11, 2017, the Defendant, “2017 Highest 803, the Defendant, without a vehicle driver’s license, driven Category C 2 from around approximately 2.4 km to the front road of Suwon-si, Suwon-si, the head of which, from around 08:15, 2017, from around 51 to around 2.4km to the front road of Suwon-si.

2. According to the evidence that the Defendant: (a) around 10:35 on May 19, 2017, the Defendant: (b) on May 19, 2017, the vehicle operated by the Defendant without obtaining a driver’s license on the section of approximately 400 meters from the 224th to the 376th road of the same Gu-ro, Ansan-si, Ansan-si, Ansan-si; (c) the vehicle operated by the Defendant is a Cpoter vehicle; (d) the vehicle in the indictment is a clerical error; and (d) the vehicle in the indictment is a DNA, and thus, the correction is made.

A driver was driving.

Summary of Evidence

[Judgment 1] Facts 1, 2017 Highest 803]

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Photographs [Judgment No. 2-based, 2017 Highest, 4308];

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. The driver's license ledger;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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;

1. Circumstances favorable to the defendant with reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation are as follows.

The defendant is deeply divided and reflected in each of the crimes in this case.

The defendant seems to have been driving a motor vehicle to live.

There is no record of criminal punishment exceeding the fine against the defendant.

Circumstances unfavorable to the defendant are as follows:

While the defendant was tried as a crime of Paragraph 1 of the judgment, he committed the crime of Paragraph 2 of the second judgment.

The defendant was sentenced to a fine of KRW 3 million due to driving without a license in 2016, and a fine of KRW 8 million due to driving without a license in 2016 and was sentenced to a fine of KRW 8 million due to driving without a license in 2016.

. The above.

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