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(영문) 서울북부지방법원 2016.03.24 2016고단170

도로교통법위반(무면허운전)

Text

1. The defendant shall be punished by imprisonment for four months;

2.Provided, That the execution of imprisonment for a period of one year shall be postponed from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2015, the Defendant, without a driver’s license of a motor vehicle around 10:40, driving B Poter freight in the front of the bus stop at approximately 120 km in front of the bus stop located in the 144-ro, Samyang-ro, Seoul, Gangnam-gu, Seoul, at the 1st century-ro, the 3K-ro road in front of the bus stop.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a driver's license;

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

1. Article 62(1) of the Criminal Act (see e.g., Reasons for sentencing)

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of protection and observation and order to attend lectures has the record of being sentenced to a fine four times due to traffic accidents by driving without a license since 2004, drinking driving, and driving without a license (the statement of reply to inquiries, such as criminal history). Despite such fact, the Defendant continued to drive the vehicle in an unlicensed state without any reflect on his mistake, and again led to the instant crime.

The defendant's continuous crime of this case requires strict punishment. However, the defendant's punishment is determined as ordered in consideration of the fact that the defendant is dead and wrong when committing the crime.