beta
(영문) 수원지방법원 안산지원 2016.10.13 2016고단1658

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 16, 2015, the Defendant was sentenced to a suspended sentence of two years on July 24, 2015, for the crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch, and the judgment was finalized on July 24, 2015.

Around 13:40 on May 23, 2016, the Defendant driven a C-ho vehicle owned by the Defendant without obtaining a driver’s license from a section of about 500 meters in front of the dormitory third distance in the same Gu from the vicinity of the Nowon-gu Seoul Metropolitan Government to the front road of the dormitory located in the same Gu.

around 15:10 on July 28, 2016, the Defendant driven a D New Zealand XD car without obtaining a driver's license from the front side of the 432-2, 19 block 19 block 7-dong, Nam-gu, Incheon, Chungcheongnam-dong, to the front road of the 2140km-dong, Sinung-si, Sinung-si, YIri-dong, from around 10km-dong, to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

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

1. Previous convictions in judgment: Criminal records, copies of written judgments rendered by the Suwon District Court, and the application of Acts and subordinate statutes of the case inquiry;

1. Relevant Article of the Act on the Crime and the Selection of Punishment, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the Selection of Imprisonment with prison labor;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the Defendant disposes of his/her vehicle; and (b) the family members and the family members want to take the place.

However, the defendant has four times the history of punishment for refusing to drive alcohol or to take a drinking test, and in 2015, the defendant was under the suspension of the execution of imprisonment with prison labor as he/she took a bath to the police officer while refusing to take a drinking test and assaults him/her, and is currently under the suspension of the execution.

Nevertheless, on March 11, 2016, the Defendant was under the suspension of execution without being aware of the Defendant, but the court also laid down a big line that sentenced a fine of one million won.

However, the defendant, however, has colored the above vessel with no color, and two months, which is only two months.