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(영문) 서울동부지방법원 2016.06.17 2016고정908

도로교통법위반(무면허운전)

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On June 10, 2015, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Western District Court, and the judgment became final and conclusive on October 8, 2015.

On November 13, 2014, at around 07:18, the Defendant operated a non-registered motor bicycle in the 7km section from the street in Gangdong-gu Seoul Metropolitan Government to the road 25-way in the same Gu, and around November 16, 2014, around 07:18, the Defendant operated the non-registered motor bicycle in the 7km section from the street in Gangdong-gu Seoul Metropolitan Government Street to the fireworks of the same Gu, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Previous conviction: A reply to inquiry, such as criminal history, inquiry of the case, and application of the text of the judgment;

1. Relevant Article of the Act and Articles 154 subparagraph 2 and 43 of the Road Traffic Act, and the selection of fines for the crime;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (it shall be taken into consideration the principle of equality with cases where judgment is to be rendered concurrently with the crime against which judgment has become final and conclusive);