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(영문) 서울중앙지방법원 2014.04.09 2013고단8329

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 18, 2013, the Defendant was sentenced to a suspended sentence of one year in the Seoul Eastern District Court for a crime of violation of the Road Traffic Act (unlicensed Driving). On July 26, 2013, the Defendant is still under the suspended sentence, which became final and conclusive on July 26, 2013.

At around 17:50 on December 10, 2013, the Defendant driven Crens car without obtaining a driver's license from around 20 meters from the front road of Samsungdong 157-28, Gangnam-gu, Seoul to the front road of the same 157-31.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of investigative reports (prior convictions in the period of suspension of execution of suspects)-related statutes;

1. In light of the pertinent legal provisions on criminal facts and Articles 152 subparag. 1 and 43 (Selection of Imprisonment) of the Road Traffic Act, which were sentenced nine times to a fine for the reason of sentencing, drinking without permission, or driving without permission, and thus led to driving without permission again even though the suspension period for the same crime is still in the period of suspension of execution, a severe punishment is inevitable. However, a punishment shall be determined as ordered by the order, taking into account all of the factors indicated in the records, such as the fact that the defendant's mistake is against himself/herself and the sentencing conditions