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(영문) 서울남부지방법원 2014.12.04 2014고단3843
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 October 23, 2014, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution for violating the Road Traffic Act at Seoul Southern District Court on October 23, 2014, and the judgment became final and conclusive on the 31st of the same month.

On September 15, 2014, at around 13:50 on September 15, 2014, the Defendant driven a light-line car without obtaining a driver's license in a section of about 700 meters from the front of the factory in the front of the factory in the Choyang-si, Jeonyang-si to the front road of the 1429 Man-gu, Ansan-si.

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 in judgment: The application of Acts and subordinate statutes to investigation reports (court number confirmation reports);

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was sentenced to a fine and a suspended sentence for a total of five times due to drinking driving and driving without a license, etc. However, the criminal liability is heavy. However, the defendant recognized and reflects the criminal act, and the criminal act of this case can have been adjudicated simultaneously with the crime of violating the Road Traffic Act as decided by the judgment, etc., and other various sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the criminal act shall be determined as ordered by the order.

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