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(영문) 수원지방법원 여주지원 2016.08.31 2016고단786
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On October 17, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (unlicensed driving) in the Livedon Support of Lived Livedon Methods, and on September 25, 2009, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dactless driving). On September 28, 2009, the Defendant was sentenced to a suspended sentence of KRW 2 million in imprisonment with prison labor for the same court on June 28, 2016.

[2] On July 20, 2016, the Defendant: (a) operated a car without obtaining a driver’s license from a section of about 2 km from the front side of the subordinate office of the female city located in the same city to the front side of the office of the female city located in the 100-ro 100-ro, which is around 15:40 on the inn city; and (b) operated the car without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. In addition, the Defendant was sentenced to a suspended sentence of eight months of imprisonment due to the crime of this case, on the other hand, since the Defendant, who had been punished several occasions due to the crime of traffic-related, such as drinking and driving without a license, etc. for the reason of sentencing under Article 152 Subparag. 1 and Article 43 of the Road Traffic Act relating to the relevant criminal facts and the selective sentencing of punishment, was not sentenced to a suspended sentence of eight months of imprisonment due to driving without a license. In light of the details of next inquiry and mandatory insurance inquiry, the Defendant’s intention to continue driving even after the driver’s license was revoked on February 17, 2016, considering unfavorable circumstances, such as the circumstance that the Defendant appears to have purchased the instant motor vehicle around April 25, 2016, and sentenced the same sentence as the disposition.

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