logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2016.12.16 2016고단3562
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 31, 2016, the Defendant was sentenced to 8 months of imprisonment for the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving) in the credit branch of Suwon District Court on May 31, 2016, and on June 8, 2016, and the judgment became final and conclusive and conclusive on June 8, 2016, and is currently under suspension of execution. In September 22, 2016, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution to the same crime in the Sungwon District Court's Sungwon District Court

On September 16, 2016, at around 08:00, the Defendant driven the said vehicle without obtaining a driver’s license from around 5km section from the front of the Sinnam-si, Sinnam-si to the front road of about 1323 meters, from around 08:0 to the front of the 1323rd road, and without obtaining a driver’s license, from August 1, 2016 to September 16, 2016, the Defendant driven the said vehicle without obtaining a driver’s license for a total of eight times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (No. 15 No.);

1. Report on the situation of operation without a license;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the Defendant, among the concurrent crimes, committed the instant crimes, with the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, did not have a significant number of records of the same crime, and two months have not passed since the judgment of suspended execution due to the same kind of crime became final and conclusive.

And at the time of repeating the defendant's act of driving without a license, the defendant was under a separate trial in this court for the same kind of crime.

(At present, Suwon District Court 2016No6946, pending trial). The Defendant acquired the ownership of the instant vehicle while the Defendant was under investigation by regulating the aforementioned act of driving without a license.

It is difficult to find out special circumstances to repeat the act of driving without a license.

When considering all these points, the defendant cannot be exempted from punishment.

arrow