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(영문) 서울동부지방법원 2015.10.08 2015고단2028
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 16, 2014, the Defendant was sentenced to five months of imprisonment or two years of suspended execution for a violation of the Road Traffic Act at the Seoul Northern District Court on January 16, 201, and the judgment becomes final and conclusive on January 24, 2014 and is still under suspended execution.

On July 2, 2015, around 10:50, the Defendant driven a Grand Co., Ltd. without a driver’s license over about 2 km section from the locked Station in Songpa-gu Seoul Metropolitan Government to the road located in 11 in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. As stated in the above criminal facts, as the Defendant’s reasons for sentencing under Article 152 subparag. 1 and Article 43 of the Road Traffic Act regarding the relevant criminal facts, in the situation where the period of probation has not yet elapsed after being sentenced to five months for the crime of violation of the Road Traffic Act (unlicensed Driving) at the Seoul Northern District Court on January 2014, he/she again committed a violation of the Road Traffic Act (Unlicensed Driving) around June 2014, which is five months after the date of the suspension, and again committed a violation of the Road Traffic Act (Unlicensed Driving) around three million won after being sentenced to a fine, he/she again repeated the instant crime despite being sentenced to a fine, and five times (three times in 2013, three times in 2014, and two times in 2014) that the Defendant was punished as Unlicensed Driving since 2013.

However, the sentencing factors such as the defendant's age, character and behavior, environment, family relationship, etc. shall be equally considered in order to determine the term of punishment as ordered by the order, including the fact that the defendant has violated the defendant's mistake in depth, that the mother seems to have repeated driving while working in the construction site in order to maintain the livelihood of the entire family members.

It is so decided as per Disposition for the above reasons.

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