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(영문) 수원지방법원 성남지원 2018.04.11 2017고단1309
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

around 07:30 on May 3, 2017, the Defendant driven a BM7 car without a driver’s license in the section of about 55 km from May 3, 2017 to around 08:3-7 on the same day from May 3, 2017 to around 184, Sungnam-gu, Sungnam-gu, Incheon.

around 21:40 on May 18, 2017, the Defendant driven the BM7 car without a driver’s license from around 10km to around 94 in the south-gu Seoul Special Metropolitan City, Seocheon-si, Seocheon-gu, Incheon Special Metropolitan City, to March 18, 2017.

Summary of Evidence

"2017 Highest 1309"

1. A protocol concerning the examination of the police officers of the accused;

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

1. "Motor vehicle driver's license register": 2017 Highest 1599;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on the detection of suspected violation of traffic laws (unlicensed driving) on the road;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses to the handicapped;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Prosecutor’s opinion - Six months of imprisonment;

2. Determination - In addition to the prosecutor's opinion, the defendant has a history related to traffic, such as drinking and non-licensed driving, and the defendant has been exposed to and investigated by non-licenseless driving, and has committed a second offense only for two weeks, a sentence of imprisonment shall be selected.

In addition, the punishment shall be determined by comprehensively taking into account the various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as shown in the records and arguments.

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