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(영문) 대전지방법원 공주지원 2017.04.28 2016고단369

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On October 31, 2003, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the Suwon Franchi, and was sentenced to a fine of KRW 1,500,000 for the same crime on January 8, 2016, and was sentenced to a fine of KRW 500,000 as a crime of violating the Road Traffic Act (non-licenseless Driving) at the Youngcheon District Court’s Young Branch on June 24, 2016. On August 23, 2016, the Defendant was sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act (non-licenseless Driving) at the official branch of the Daejeon District Court.

[2] On September 15, 2016, the Defendant: (a) driven a small-scale vehicle C without a driver’s license from the road located in the Suwon-si, Suwon-si, Suwon-si, Seoul-si, to the 102nd road, in order to ensure that the Defendant driven a small-scale vehicle C without a driver’s license.

around 04:00 on December 7, 2016, the Defendant driven a car with D food 3008 at a section of about 500 meters from the mutual aesthetic parking lot to the front day of the hotel in Jeju-si without a driver’s license, from around 04:00 to around 500 meters from the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification reports of the same type of force), reports on the results of confirmation of the previous convictions in disposition, three copies of summary issuance orders, and four copies of the judgment “2016 Height 369”;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license, and the ledger of driver's licenses "2017 Highest 26";

1. A protocol concerning the examination of the police officers of the accused;

1. The application of Acts and subordinate statutes to the situation report on driving without licenses and driver's license;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

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 lies in a number of criminal offenders of the same kind, and the defendant runs away during a trial, and choice of imprisonment is inevitable.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.