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(영문) 부산지방법원 2014.01.08 2013고단7122
도로교통법위반(무면허운전)
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to six months of imprisonment by the Seoul Central District Court for a violation of the Road Traffic Act (non-licensed driving), and the judgment became final and conclusive on October 19, 2013.

On July 3, 2013, at around 11:40, the Defendant, without a driver’s license, driven approximately KRW 70 km from the third floor of the 91 Sejong-si small-type hospital, Seocheon-si, Seocheon-gu, Seoul, the third floor of the 91 Sejong-type hospital, and operated approximately 90 km to the third floor parking lot of the department store underground.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on investigation;

1. Registers of driver's licenses;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to an investigation report (a confirmation of a case pending in a trial in the Busan District Act and review on the necessity of transfer);

1. Relevant Act of the crime and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The crime of this case, subject to the latter part of Article 39(1) of the Exemption Criminal Act, shall take into account equity with the case where a judgment was rendered concurrently with the case where a judgment was rendered, in the relationship between the previous conviction on which the judgment became final and the latter part of Article 37 of the Criminal Act, and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act. In particular, on April 23, 2013, the sentence shall be determined as ordered as of December 7, 2013 by comprehensively taking into account all the sentencing conditions stated in the arguments of this case, including the Defendant’s age, character and conduct, the motive and circumstances of the crime of this case, the circumstances after the crime, etc.

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