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(영문) 수원지방법원 여주지원 2018.12.12 2018고단1025
도로교통법위반(무면허운전)
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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On October 26, 2018, around 11:40 on October 26, 2018, the Defendant driven a motor vehicle of the U.S. Cuber without obtaining a driver’s license from around about 30km section from the front of the Defendant’s dwelling in Songpa-gu Seoul Metropolitan Government to the roads adjacent to the branch of the Act on the Protection of Middle Highway, which are located in the YY-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of, or arrest of, a case of violation of traffic laws on roads;

1. Vehicles, photographs, etc.;

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. The grounds for imposing a sentence under Article 152 subparag. 1 and 43 of the relevant Act regarding criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding selective sentencing, Defendant obtained a driver’s license on October 29, 2013. On November 5, 2012, the previous Defendant had the record of having received a summary order of KRW 2 million on September 5, 2012, and after the driver’s license was revoked on September 8, 2014, the Defendant was sentenced to a suspended sentence of KRW 4 months on September 21, 2016.

On May 28, 2016, when the car without the license was under the name of the defendant, the driver without the license was controlled by the driver without the license on May 28, 2016, when the car in the judgment was under the name of the defendant. On June 2, 2016, when the above car was transferred to the name of the defendant's company, but again transferred the car to the defendant's name on October 25, 2018 through D, the driver without the license was discovered on October 26, 2018, and the next day on October 26, 2018, when the driver was transferred to the defendant's name.

The punishment as ordered shall be determined by taking into account such circumstances, the motive and background of the crime committed by the defendant, and other various circumstances, such as the age, environment, and family relationship of the defendant.

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