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(영문) 수원지방법원 안산지원 2014.09.25 2014고단1753
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

피고인은 2014. 6. 22. 14:00경 광명시 광명동에 있는 햅시바 충전소 앞에서부터 시흥시 과림동 금오로 487-1 앞 도로에 이르기까지 약 2km 구간에서 자동차운전면허를 받지 아니하고 B 쏘렌토 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, including the fact that the defendant did not obtain a driver's license, and that the defendant committed the instant crime despite seven times (two times a suspended sentence of imprisonment and five times a fine) without obtaining a driver's license, etc., together with the fact that the defendant committed the instant crime. In addition, the defendant did not drive without a driver's license, and there is only two times a fine due to the instant crime except the criminal records of driving without a license, two times a fine due to the instant crime, except the criminal records of driving without a license, the defendant's home situation, and all other conditions of sentencing as shown in the argument

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