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Cases
209 Highest 691, 1677 (Joint) Violation of the Road Traffic Act (Unlicensed Driving)
Defendant
A (73years, South Korea), Company Board
Prosecutor
Kim Byung-su
Imposition of Judgment
May 27, 2009
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
On December 22, 2008, the Defendant was sentenced to imprisonment for four months as a crime of violation of the Road Traffic Act (unlicensed Driving) in the Changwon District Court’s branch on December 22, 2008, and was sentenced to two years of suspended execution on December 30, and was sentenced to 11 times of the same criminal records.
1. On January 14, 2009, at around 19:45, the Defendant, without a driver’s license, operated a 10 km car from the front day of the Jeju apartment road located in the Gimhae-si, Kimhae-si to the front day of the Gimhae-si, Kimhae-si.
2. On January 19, 2009, the Defendant, without a driver’s license, driven a Maz car from January 19, 2009 to the front day of the clothes of infant clothes in the Gimhae-dong, Kim Jong-si to the front day of the separate restaurant located in the same Dong.
Summary of Evidence
Omission
Application of Statutes
1. Relevant provisions for criminal facts: Subparagraph 1 of Article 152 of the Road Traffic Act and Articles 43 of the same Act;
1. Selection of penalty: Selection of imprisonment with prison labor;
1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
In full view of all the circumstances indicated in the record, including the fact that the same kind of force is available for sentencing, the fact that the suspended sentence was imposed on the same kind of crime, the fact that the driver was driving without the license on June 12, 2008, the above suspended sentence was imposed on the special amnesty on August 15, 2008, the fact that the driver was under the suspended sentence on the part of the driver without the license, the fact that the driver was under the suspended sentence and was currently under the suspended sentence on the part of the driver without the license, and the fact that the driver was not subject to the suspended sentence on the part of the above suspended sentence for one month, and that the defendant was two times or more prior to the lapse of one month from the date of the suspended sentence, a compliance consciousness is very high to the risk of recidivism, and thus,
Judges
Judge Kim Jong-soo