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(영문) 수원지방법원 성남지원 2014.04.25 2014고단341

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 26, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Road Traffic Act (unlicensed Driving) and the violation of the Road Traffic Act (Drivinging) at the Sungnam branch of Suwon District Court on April 26, 2013, and the said judgment became final and conclusive on September 13, 2013.

On August 25, 2013, the Defendant, without obtaining a driver's license on August 21, 2015, driven a rocketing car at approximately 20 meters from the roads in front of the convenience store of Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-do, 2251.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order of the same attached power);

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Code dealing with concurrent Crimes are the time when the defendant committed the crime, and the defendant would not drive the motor vehicle again. However, the defendant has been sentenced two times to a suspended sentence of imprisonment due to driving without a license and three times a fine due to driving without a license, and the defendant has been sentenced to a fine on January 15, 2009 due to driving without a license during the suspended sentence period due to driving without a license. The defendant was sentenced to a suspended sentence on April 26, 2013 and was sentenced to an appellate trial on April 26, 2013 by the prosecutor's appeal, and the defendant was asserting that he temporarily driven the motor vehicle of this case between convenience points, but the defendant also drives the motor vehicle of this case without a license after having been sentenced to a suspended sentence on April 26, 2013.