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(영문) 수원지방법원 평택지원 2015.02.27 2014고단1793
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2014, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution at the Seoul Central District Court for the violation of the Road Traffic Act (non-licensed driving), and the judgment became final and conclusive on the 29th of the same month.

On October 3, 2014, at around 21:10, the Defendant driven the CK3 car without a vehicle driver’s license from around 150 meters away from the Crock 21 Mour, which is located on the family park road in the same family park road, to the GK3 car in the same family park road.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the register of driver's licenses;

1. A traffic accident occurrence report;

1. Previous records: Criminal records, etc. inquiry reports and the application of a copy of judgment;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has a history of criminal punishment several times due to the same type of driver's license, and in particular, the defendant was sentenced to a suspended sentence of one year at the Seoul Southern District Court on February 16, 2012 to a suspended sentence of two years due to the crime of violation of the Road Traffic Act (unlicensed Driving) at the Seoul Southern District Court on February 16, 2012, and the grace period has not elapsed for a long time, and thus the defendant

However, the Defendant acknowledges the facts charged in the instant case, reflects his mistake, and does not repeat again, and the Defendant shall be sentenced to imprisonment with prison labor at the Seoul Central District Court on November 4, 2014, by having been sentenced to two years of suspension of execution on October 20, 2014 due to a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Central District Court on November 4, 2014, and the said judgment becomes final and conclusive and simultaneously with the said final and conclusive judgment, taking into account equity in cases where the said judgment is rendered simultaneously with the said final and conclusive judgment. Unlike the previous conviction in the Defendant’s judgment, the instant case is limited to driving without a license, and is committed by taking into account the Defendant

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