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(영문) 서울남부지방법원 2015.04.16 2015고단641

도로교통법위반(무면허운전)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 26, 2015, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court for a crime of violation of the Road Traffic Act, etc., and the said judgment became final and conclusive on March 6, 2015.

On January 19, 2015, at around 17:45, the Defendant driven a B-to-purd motor vehicle without obtaining a driver's license from the front of the luminous distance, which is located in the luminous-dong, Geumcheon-gu Seoul Metropolitan Government, from the front of the luminous-ro to the front of about 5km-ro 796, Geumcheon-gu, Geumcheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has the career of serving three times as a crime of drunk driving and two times as a crime of unlicensed driving, and the defendant committed the crime of non-licensed driving in this case while being prosecuted for drinking and a crime of non-licensed driving on December 29, 2014. However, in light of the fact that the defendant committed the crime of this case while being tried for a crime of drinking and a crime of non-licensed driving on December 29, 2014, the responsibility for the crime of this case is heavy. However, the crime of this case could have been judged simultaneously with the crime of violation of the Road Traffic Act (driving) as decided by the judgment, and the punishment is determined as ordered by taking into account the defendant's age