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(영문) 서울남부지방법원 2016.05.26 2016고단1295

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

[criminal history] On July 9, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law in the Incheon District Court’s Vice Branch, etc. on August 9, 2014, and on February 24, 2015, the above judgment became final and conclusive and conclusive on February 24, 2015, and is currently under suspended sentence. On February 17, 2016, the Defendant was sentenced to imprisonment for a violation of road traffic law (unlicensed driving) and a violation of the Guarantee of Automobile Compensation Act and was sentenced to a suspended sentence of four months on April 12, 2016. At present, the above case is under suspension of sentence of five hundred and fifty-three (53).

[Criminal facts] around 17:00 on October 16, 2015, the Defendant driven a CKaren car without obtaining a driver’s license from around about 109 to around the front road of the land parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report and a report on internal investigation (Attachment to a screen by capturing CCTV images on the scene of an accident);

1. The driver's license ledger;

1. A previous conviction: Application of a written inquiry and a written reply;

1. Grounds for sentencing under Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Selection of Imprisonment) concerning the facts constituting an offense;

1. The scope of applicable sentences under law: Imprisonment for one month to one year; and

2. Determination of sentence: Determination of sentence: one month (a favorable condition) half of imprisonment with prison labor; five times of detection (the same vehicle) by driving without a license during the period during which the driver's license was revoked on January 17, 2014; and detection of a vehicle parked after shocking the vehicle during the period during which the driver's license was revoked. Also, the same year was discovered while driving without a license using the same vehicle on March 12, 2016 while the trial of the case in which the crime record stated in the ruling was pending;

4. 28. The Seoul Central District Court issued a summary order of KRW 5 million due to a violation of Road Traffic Act (non-licensed driving) and a violation of the Guarantee of Automobile Damage Compensation Act.