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(영문) 서울동부지방법원 2013.05.22 2013고단830
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

On August 19, 2011, the Defendant was sentenced to imprisonment for four months at the Seoul Eastern District Court for a violation of the Road Traffic Act (unlicensed Driving) and completed the execution of the sentence at Seongdong-gu District Court on September 23, 2011.

On March 18, 2013, at around 07:35, the Defendant driven a wing-off truck without obtaining a driver's license in approximately 8 km section from the 107:50 on the same day to the west-west International Road located in Gangdong-gu Seoul, Gangdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. An investigation report on actual conditions, a traffic accident occurrence report, the ledger of driver's licenses, and an investigation report (verification of suspect driving distance and driving hours);

1. Previous records: Application of inquiry reports and investigation reports (verification of the expiry date of the term of punishment of a suspect), including criminal records;

1. The reason for sentencing under Article 152 subparag. 1 of the Act on the Punishment of Criminal Crimes and Articles 152 subparag. 1 and 43 of the Road Traffic Act (Optional to Imprisonment) lies in depth of the defendant's mistake. However, the fact that the defendant does not know about a large number of same kinds of power including the criminal power as stated in the judgment, and that he again commits an unlicensed driver during the period of repeated offense is disadvantageous to

It is so decided as per Disposition by taking into account the above circumstances such as the age, character and conduct of the defendant and other conditions of sentencing.

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