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(영문) 의정부지방법원 2017.06.07 2017고단1118
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2008, the Defendant received a summary order of KRW 500,000,000 from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on August 20, 2013, the Defendant was sentenced to a fine of KRW 4.5 million for the same crime at the same court on August 20, 2013. On November 13, 2013, the Seoul Eastern District Court was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (drinking driving) and was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Northern District Court on May 16, 2016.

On January 24, 2017, around 04:40, the Defendant driven a Grand Franc vehicle without obtaining a driver’s license from approximately 2 km section from the front road of the Jung-gu Seoul Metropolitan Government to the front road of the “GS25 Guri Tax Occupation” located in the Guriro 44 from the Jung-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without a license;

1. A motor vehicle driving inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant has been subject to criminal punishment several times due to drinking and unlicensed driving, such as the previous conviction of the sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures.

Nevertheless, in addition, it is no longer proper to punish a person who has been sentenced to a license without a license, by a fine.

However, there are no criminal offenses against the defendant, and the defendant is now divided.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.

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