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(영문) 수원지방법원 성남지원 2017.02.03 2016고단4064
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 21, 2013, the Defendant was sentenced to five months of imprisonment for a violation of road traffic laws (unlicensed driving) at the Seoul Western District Court on February 21, 2013. On May 19, 2016, the Defendant was sentenced to six months of imprisonment for a violation of road traffic laws (unlicensed driving) at the Sungnam Support Center, and completed the execution of the sentence at a female prison on November 15, 2016.

[Criminal facts]

1. On November 27, 2016, at around 13:00, the Defendant driven a Cps car owned by the Defendant, which was not covered by mandatory insurance without obtaining a driver’s license from approximately 2 km in a section of about 1362 km to the front road of the industrial company in front of the original Eup of the Seoul Special Metropolitan City, Gwangju Special Metropolitan City, with the approval of the vehicle driving on the front road of the same Eup.

2. On December 14, 2016, around 10:00, the Defendant driven a motor vehicle like the foregoing paragraph 1 without obtaining a driver’s license from the front day of Gwangju-si, Gyeonggi-do, Gwangju-do, to the road next to the Sungnam-si, Sung-dong, Sung-gu, Sung-dong, Seo-gu, Sungnam-do, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (verification of the operation of suspect vehicles), investigation report (verification of the key of suspect vehicles and parking lot facilities);

1. Reporting on the arrest of a case;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the same criminal records as the suspect and the period of repeated crimes);

1. Relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act (unlicensed driving) concerning facts constituting an offense, Articles 46(2)2 and 8 of the Guarantee of Automobile Compensation Act, and choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Act on the Aggravated Punishment of Concurrent Crimes has several records of criminal punishment for the defendant for the same crime, and in particular, the defendant is serving for the same crime as before the judgment and is serving for a repeated crime.

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