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(영문) 서울북부지방법원 2017.05.04 2016고단5009

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 00:30 on October 14, 2016, the Defendant driven a motor vehicle of B ASEAN without obtaining a driver’s license in the section of about 5 K from around 00:50 on the same day from the 69-1 Nowon-gu Seoul Special Metropolitan City Nowon-gu to the old Sea of 70:50 on the same day.

around 16:40 on February 12, 2017, the Defendant driven a B-5 car from the 44km section to the road in front of the Sinsan-gu Mannsan-dong, Sinsan-si, Sinsan-si, Sinsan-si, with no driver's license on February 12, 2017.

around 20:56 on February 12, 2017, the Defendant driven a vehicle Category B from the front side of Seongbuk-gu Seoul to the 173rd side of the Seoul Northern-ro, Gangnam-gu, Seoul, without obtaining a driver's license, at the 3km section from the front side of Seongbuk-gu, Seoul to the 173rd side of the road.

On February 10, 2017, the Defendant, without obtaining a driver’s license, driven B vehicles from the 14:49 Sigri-si, Seoul Special Metropolitan City to the front of the 24 “Sari-gu Sari-si” street from the 14:49 Sigri-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, arrest of road traffic laws (unlicensed driving), and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant was punished for driving without a license for drinking alcohol in the past, and that the defendant committed each of the crimes of this case without being aware of the fact that he/she was under trial due to a license for driving without a license, and that he/she would not again drive without a license while disposing of his/her vehicle.

Punishment shall be determined in consideration of the fact that the punishment is being imposed.