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(영문) 수원지방법원 2017.05.16 2017고단1003
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

On February 20, 2017, the Defendant driven a CMW car from around 25 km-dong, Suwon-si, 310-30 to the road prior to the Suwon-si, Suwon-si, Suwon-si, Suwon-si, 536-2.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.

[Beneficial circumstances] The defendant's confession of the crime of this case and recognized his mistake, the defendant did not cause other damage such as traffic accidents, etc., and there is no record of criminal punishment exceeding the fine.

(1) [Unfavorable circumstances] The crime of this case is a case of driving a vehicle without a driver's license, and the nature of the crime is not good, the defendant is punished twice by a fine in 2008 and 2015; the defendant is punished by a fine in 2014; the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) and the violation of the Road Traffic Act (U.S.) in 2014; and two times by a fine in 2016, each of the crimes of violation of the Road Traffic Act (U.S. without a license) and has a record of criminal punishment for the same traffic crime.

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