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(영문) 수원지방법원 평택지원 2018.01.26 2017고단1988
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four 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

[criminal history] On September 20, 2017, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a violation of road traffic law at the Suwon District Court on September 20, 2017, and the said judgment became final and conclusive on September 28, 2017.

[2] On September 1, 2017, the Defendant: (a) driven a vehicle of approximately 300 meters from around 99 to around 400 meters in the Eup located in the same city among the roads located in Pyeongtaek-si on September 1, 2017; (b) without obtaining a driver’s license; and (c) drive a C truck without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports (report on confirmation of suspension of execution), and statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession, reflectivity, etc., and other favorable circumstances such as the defendant's age, family relation, circumstances leading up to the crime, and equality, etc. with a case of violation of the Road Traffic Act, for which a judgment has already become final and conclusive, shall be rendered simultaneously with the crime of violation of the Road Traffic Act, etc.: 4 months of imprisonment, 2 years of suspended execution, 2 years of imprisonment with prison labor, and 3 years of order of protective observation;

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