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(영문) 서울서부지방법원 2016.04.05 2016고단397
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On June 28, 2012, the Defendant was sentenced to six months of imprisonment due to fraud, etc. in the establishment of the District Court in the Jung-gu District Court, and completed the execution of the sentence in the Jung-gu prison on November 11, 2012.

[Criminal facts]

1. On September 12, 2015, the Defendant: (a) driven a vehicle with low-pollution level without a vehicle driver’s license within approximately 200 meters from the 501 front to the “BD car page” road located in BC at the time of strike around 06:50 on September 12, 2015.

B. On September 12, 2015, the Defendant violated the Resident Registration Act at around 07:40, the Defendant was aware of the fact of driving without a license by BJ, who was a police official of BG driver, who was dispatched to the scene of a traffic accident after being driven by BG driver’s BHM3 car while driving a vehicle with low BE in a state of license, such as the preceding paragraph. The Defendant was aware of it in order to conceal the fact of driving without a license.

L's resident registration number (BK) made oral statements and made it as L's.

Accordingly, the defendant used another person's resident registration number unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. The driver's license ledger;

1. Previous convictions: Inquiry about criminal history, personal identification and confinement status, investigation report (prior convictions and attachment of repeated judgments) - Application of Acts and subordinate statutes which include attachment rulings;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 (Unlicensed Driving) of the Act on the Registration of Residents, Article 37 subparagraph 10 (Unlawful Use of Other Persons' Resident Registration Numbers) of the Act on the Registration of Residents, and the Selection of Imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are many persons with the history of driving without the reason for sentencing. Although the crime of this kind is committed, it is not very good to use another person’s resident registration number by driving without the license even during the repeated offense period.

On the other hand, however,

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