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(영문) 인천지방법원 2016.10.05 2016고단4641

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On April 28, 2016, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspension of execution for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Dangerous Driving Death and Injury resulting from Dangerous Driving) in the Ansan District Court’s Ansan Branch on April 28, 2016, and the judgment became final and conclusive on May 10, 2016 and is currently under suspension of execution. On May 26, 2016, the same court was sentenced to a fine of three

【Criminal Facts】

At around 14:30 on May 26, 2016, the Defendant driven a motor vehicle B in the section of approximately 300 meters from the front day of the normal distance of the court located in Ansan-si, Seoul-si, Seoul-si, to the front day of the department store located in 194, according to the Masan-si, Ansan-si, the Defendant driven a motor vehicle without the driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Article 152 subparag. 1 and Article 43 of the Act on the Punishment of Criminal Crimes, Article 152 subparag. 1 and Article 43 of the Road Traffic Act, and Article 152 subparag. 1 of the Act on the Punishment of Criminal Crimes re-offending the defendant during the period of suspension of execution, and in particular, the defendant was tried for a trial under the above suspended execution, while driving the motor vehicle without a license, and the defendant was sentenced to the punishment in light of the fact that the awareness of compliance, such as driving of the motor vehicle

However, as stated in the judgment, the number of years of driving without a license is one time, the crime of this case is simple without a license, and all other sentencing factors shall be determined as per the disposition.