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(영문) 의정부지방법원 2020.11.23 2020고단3691

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

[Criminal Power] On July 17, 2018, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the District Court for the Defendant’s District Court on July 17, 2018, and completed the execution of the sentence in the medical prison on October 26, 2018.

【Criminal Facts】

1. On January 21, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) on January 21, 2020, on the roads from the front of the Criju station located in Guri-si B around 10:27 on January 21, 2020 to the Kri-si, Songpa-gu Seoul Metropolitan Government (Seoul), “H” as stated in the F indictment without obtaining a driver’s license in the section of about 15km from the front of the Kriju station located in Songpa-gu Seoul Metropolitan Government D, is correct as above

A car has been driven by re-afforestation.

2. On January 30, 2020, the Defendant, at around 10:50 on January 30, 202, driven a motor vehicle again as stated in the above paragraph (1) without obtaining a driver’s license from Guri-si G apartment to Dong-gu 195, Dong-gun, Dong-gu, 195, from the G apartment to the front road of Dong-gu 195, at around 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigative report (P 47,64) on the details of transit vehicles, photographs on the vehicle in transit, photographs on the details of transit vehicles, photographs on the vehicle, meetings on the telephone details, and replies to the cooperation in the investigation of the results of the request;

1. Report on the situation of operation without a license;

1. On the register of driver's licenses, NAVa map and search photographs to close down the course, and on the part of time measurement;

1. Previous convictions indicated in judgment: Application of criminal history records, reply reports (A) and investigation reports (verification of the facts during the current repeated period);

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act were sentenced to a fine of KRW 1.5 million due to driving without a license on September 22, 2014, the suspension of the execution of imprisonment due to driving without a license on December 18, 2014, and driving without a license on July 17, 2018, and a sentence of imprisonment due to a drunk driving.

Each of the crimes in this case is due to the driving without a license.