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(영문) 서울동부지방법원 2014.10.30 2014고단2849
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Seoul Eastern District Court on July 24, 2014, sentenced to a suspended sentence of two years for six months, due to a violation of the Road Traffic Act (unlicensed Driving) at the Seoul East Eastern District Court, was sentenced to a suspended sentence on August 1, 2014, and is still under the grace period.

【Criminal Facts】

On August 22, 2014, at around 19:05, the Defendant driven a B-type cargo vehicle from approximately 1km to around 1143 (Road Distance), as Seoul Gangdong-gu, from the front of the village apartment road located in the village located in Gangdong-gu Seoul Metropolitan Government, without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Control note;

1. Inquiry into the enemy;

1. Registers of driver's licenses;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. The reason for sentencing of alternative sentence of imprisonment is that the defendant is driving one ton cargo vehicle without the driver's license after the cancellation of May 4, 1999 without the driver's license, and even after the lapse of 2001, the defendant has been sentenced to seven times or more due to the violation of the Road Traffic Act due to the act of violating the driver's license (three cases of suspended sentence, four cases of fines), and the same cargo vehicle of this case is not driving without the driver's license. In particular, as the first head of the judgment, this court was sentenced to a suspended sentence of probation on July 24, 2014 (at that time, the defendant will not drive without the driver's license again) and it is necessary to punish the defendant for the reason that the defendant has engaged in driving without the driver's license in relation to his duties until he obtains the driver's license again.

However, the defendant put the freight of this case into a scrapping place for registration of cancellation after scrapping, etc.

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