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(영문) 수원지방법원 평택지원 2014.09.18 2014고단939
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On May 14, 2001, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Daegu District Court branch on May 14, 2001; on January 8, 2003, a summary order of KRW 3 million for the same crime from the same court; on August 12, 2005, a summary order of KRW 2.5 million for a fine for the same crime from the Seocho District Court Goyang Branch Branch on August 12, 2005; on January 24, 2006, a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving without a license); on September 14, 2007, from the Suwon District Court on September 14, 2007, a summary order of KRW 1.5 million for a violation of the Road Traffic Act (Non-licensed Driving) to a fine of KRW 1.5 million for a violation of the Road Traffic Act (hereinafter referred to as a fine of KRW 100 million).

【Criminal Facts】

On July 2, 2014, the Defendant, without obtaining a driver’s license at around 13:20 on July 2, 2014, driven a droper car from the front of the old bus terminal located in Ansan-si, to the front road of the ancient Sea Water cafeteria, which is located in the upper Trith of the front of the Gosung-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous convictions in judgment: Application of statutes, such as criminal records and written judgments;

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. The reason for sentencing under Article 62(1) of the Criminal Act, inasmuch as the Defendant committed the instant crime, even though he/she was punished seven times as a fine for the same kind of crime, and again committed the instant crime under a non-licensed condition, there is a need for the corresponding punishment.

Provided, That the suspension of execution shall be sentenced as ordered by the sentence, considering the fact that the defendant is recognized to commit an offense, that the defendant has no criminal records exceeding the fine, that the defendant disposes of the vehicle and does not repeat the crime, and that his family relation, etc., the suspension of execution shall be sentenced.

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