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(영문) 의정부지방법원 2017.04.18 2016고단5006

도로교통법위반(무면허운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2013, the Defendant was sentenced to a fine of KRW 8 million for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (unlicensed Driving) at the Jung-gu District Court on July 25, 2014, and was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (unlicensed Driving) at the Jung-gu District Court on July 25, 2014. On November 13, 2014, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (unlicensed Driving) by the Jung-gu District Court on November 13, 2014.

Criminal facts

At around 16:00 on October 14, 2016, the Defendant, without a driver’s license, driven C SP car at a section of about 1 km from the entrance of Soyang-dong Buldong Buldong, to the front door of the Sinnam-dong Puldong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Selection of punishment for a crime under subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, or selection of imprisonment with prison labor;

1. Reasons for and unfavorable circumstances of sentencing under Article 62 (1) of the Criminal Act: Unlicensed driving and conditions favorable to twice before and after the suspension of execution: Determination of the circumstances leading to and the sentence of the non-licensed driving of this case: Other factors such as the defendant's age, sex, environment, motive for committing a crime, circumstances after committing a crime, etc.;