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(영문) 서울동부지방법원 2017.05.17 2017고단482

도로교통법위반(무면허운전)

Text

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

Reasons

Punishment of the crime

On June 23, 2016, the Defendant was sentenced to imprisonment for six months as a crime of violating the Road Traffic Act (unlicensed Driving) in the Southern Branch of the Gwangju District Court on June 23, 2016 and was sentenced to two years of suspended execution on July 1, 2016, and is still under suspended execution.

On January 4, 2017, the Defendant driven a D Poter II cargo vehicle without obtaining a driver’s license from the front road of the Defendant’s residence in Gwangju City to the front road of about 25 km from the Seoul Gangdong-gu to the front road of about 1152, as Seoul Gangdong-gu, Gangdong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. In full view of the following circumstances, the sentencing conditions of the defendant during the instant trial process, including the defendant’s age, sexual behavior, family relationship, home environment, motive and means of the crime, and circumstances after the crime, the pertinent Article of the Act and Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the crime, the reason for sentencing of sentence [decision of sentence], three months of imprisonment (one year of imprisonment) and the following circumstances, the sentence is determined as ordered.

The favorable circumstances are confessioned, and are against the law.

As elderly farmers, the health condition of the spouse is also bad.

It seems that the living conditions are very difficult.

There are many records of fines and suspended sentence of imprisonment due to a crime of violation of the same road traffic law.

The crime of this case was committed by a judgment of the suspension of the execution of imprisonment with prison labor, and was committed by a person who was not aware of the suspension of the execution of imprisonment with prison labor for a period of seven months or more from the time the judgment became final and conclusive

In addition, even though a fine of 3 million won has been imposed for the same crime committed during the period of suspension of execution, the crime of this case has been committed.