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(영문) 서울동부지방법원 2017.01.12 2016고단3603
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On August 16, 2016, around 20:40 on August 20, 2016, the Defendant driven a Fenz car owned by the father E without a driver’s license from around about 50 meters from the 50m-ro 58-dong, Songpa-gu, Seoul, to the Paris Round road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. The defendant was sentenced to a suspended sentence on July 7, 2016, and committed the instant crime again only one month after he/she was sentenced to a suspended sentence on the grounds that the defendant was sentenced to a suspended sentence on the grounds that he/she was sentenced to a fine three times due to drinking driving, a fine three times due to a non-licensed driving, a fine for drinking and a non-licensed driving, and a fine one time each time due to a suspended sentence. In particular, the Defendant committed the instant crime again on the grounds that the instant crime constitutes a violation of special matters to be observed (the non-driving or non-licensed driving) that may serve as the grounds for the cancellation of the judgment of the suspended sentence. The Defendant’s failure to use public transportation was extremely less than seven to eight months prior to the instant judgment, and that his/her father was driven once due to inevitable circumstances while commuting to and from his/her workplace, was extremely the same as his/her father’s vehicle used for the instant crime. However, the Defendant was able to repent his/her sentence in depth, and the suspended sentence was finalized.

Punishment shall be determined in consideration of the fact that the punishment should be imposed together up to eight months.

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