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(영문) 서울동부지방법원 2016.08.11 2016고단1392
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 29, 2016, around 10:30, the Defendant driven a C Trate car without obtaining a driver’s license from around the rock station located in Gangdong-gu Seoul Olympic Games to around 776, Seongdong-gu, Seoul, Seongdong-gu, Seoul, to the front road of the Seoul Forest.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Article 152 Subparag. 1 of the relevant Act and Articles 152 and 43 of the Road Traffic Act regarding criminal facts, the Defendant was punished by a fine not exceeding three times during the year 2015 on the grounds of sentencing of imprisonment, and was sentenced to a suspended sentence for six months on March 9, 2016.

Nevertheless, on March 29, 2016, which was later than 20 days after the pronouncement of the first instance judgment while the defendant appealed against the above judgment, the defendant cannot be found to have committed the crime of this case again on March 29, 2016. Therefore, the defendant is sentenced to imprisonment with prison labor. However, the defendant is not driving without the initial date of obtaining the license, but driving without the license due to the cancellation of the driver's license due to the absence of aptitude test, and is in a state of non-license. The punishment shall be determined by taking into account various circumstances such as the defendant's age, sex, environment, etc.

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