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(영문) 의정부지방법원 2017.08.30 2017고단2233

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment with prison labor for four 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

On August 8, 2014, the Defendant was sentenced to a suspended sentence of two-year imprisonment for a violation of road traffic law (unlicensed driving) on the ground of a violation of the provisions of the Road Traffic Act (unlicensed driving), etc. on August 8, 2014, and the judgment became final and conclusive on August 19, 2014. On February 16, 2015, the Defendant was sentenced to a summary order of two million won for a violation of the Road Traffic Act (unlicensed driving) at the Jung-gu District Court.

On May 12, 2017, around 10:50, the Defendant driven an Epic vehicle without obtaining a driver’s license from around 10km from the front road of the Seoul Southern-gu, Seoul, to the front road of the Southern-si, the Namyang-si, the Namyang-si, the 434 Eastern High School.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without a license;

1. Written statements and control photographs;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, attachment of the text of the judgment, results of confirmation of the unclaimed telephone, such as criminal history;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's crime of non-licensed driving of this case with the reason of sentencing Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is found to be the fourth time.

Despite the criminal punishment, it is not possible to punish a person who has been sentenced to a more severe fine for a non-licenseless driving crime.

Defendant is against his gender.

Other punishment shall be determined as per the order, in consideration of the age, sex, environment, circumstances before and after the crime, etc. of the defendant.