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(영문) 울산지방법원 2014.11.21 2014고단2524
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

[2014 Highest 2524] On November 29, 2005, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (non-licensed driving) at the Daegu District Court on November 29, 2005; on December 28, 2005, a summary order of KRW 1 million for a violation of the Road Traffic Act (non-licensed driving); on February 14, 2006, the same court received a summary order of KRW 2 million for the same crime; on July 14, 2008, the summary order of KRW 3 million for the same crime was issued in the branch court of the Daejeon District Court. On March 18, 2011, the court was sentenced to a suspended sentence of 10 million for the same crime.

On August 1, 2014, at around 10:40, the Defendant, without a driver’s license, driven B car at approximately 7 km from the front side of the river in Ulsan-gu, Chungcheongnam-gu, Ulsan-do to the front side of the Sungsan-gu, Ulsan-dong.

[2014 Highest 3026] On September 2, 2014, the Defendant driven a B car at a section of about 20 km from the front of the Yansan Station in the Chungcheongnamsan City without a driver’s license to the front road of the Daejeon Seo-dong, Seo-gu, Daejeon.

Summary of Evidence

[2014 Highest 2524]

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act;

1. Registers of driver's licenses;

1. Inquiries, investigative reports (Attachment to the same type of crime, etc.);

1. Defendant's legal statement;

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

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

1. Article 152 subparagraph 1 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act - Selection of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the suspended sentence, in many cases, the punishment records for the same crime are included, but the punishment records for the same crime are not attached, and the errors are divided);

1. Article 62-2 (1) of the Criminal Act and the probation, etc. of orders to provide community service and attend lectures;

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