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(영문) 의정부지방법원 2016.11.11 2016고단939
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

[criminal power] On July 17, 2015, the Defendant was issued a summary order of KRW 1.5 million by the District Court of the Republic of Korea on July 17, 2015, by a fine of KRW 1,500,000, more than twice.

[2016 Height939]

1. On March 13, 2016, the Defendant, without obtaining the driver’s license on the vehicle driving on March 15:17, 2016, driven Bchip X-ray automobiles at a 200-meter section of the road in the city of Gu administration.

[2016 Highest 3401]

2. On July 6, 2016, at around 11:10, the Defendant driven B-XG vehicles without obtaining a driver’s license from the construction site at the port located in Kimpo-si, Kimpo-si to the new post-ri distance in the same location.

[2016 Highest 3832]

3. On August 22, 2016, at around 16:35, the Defendant driven B-XG vehicles without obtaining a driver’s license from the front day of the 60-32-dong, Yangju-si, to the long distance of “Yju-ro” 1533, both-si, Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each driver's license inquiry;

1. License register;

1. An inquiry report;

1. Application of Acts and subordinate statutes concerning recorded mail files, such as summary orders;

1. Article 152 of the Road Traffic Act and the Articles 152 subparagraph 1 and 43 of the same Act (Selection of Imprisonment with prison labor for the relevant criminal facts);

1. From among concurrent crimes, the Defendant was punished for a crime of violation of the Road Traffic Act due to driving without a license since his/her driver’s license was revoked due to driving without a license. On March 13, 2016, the Defendant committed two or more crimes of driving without a license during the investigation and trial. In particular, the crime of crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was punished only for a fine due to driving without a license, and even if there was no sentence of suspension of the execution, the Defendant was not sentenced in light of the attitude of the law.

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