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(영문) 의정부지방법원 2017.02.09 2016고단4180
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2014, the Defendant received a summary order of KRW 700,000 from the Seoul Northern District Court to a fine of KRW 700,000 due to a violation of Road Traffic Act (non-licensed driving), and a fine of KRW 5 million due to a violation of Road Traffic Act (non-licensed driving) at the Jung-gu District Court on March 31, 2016.

On September 18, 2016, the Defendant driven a BMW 328i car without obtaining a driver's license from around 300 meters away from the 34-5 mick distance to the 300m distance from the 34-5m wall to the same inspection line.

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. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A person who operates a motor vehicle with the reason of sentencing under Article 62-2 of the Criminal Act shall have the duty to obtain a driver's license issued to a person with the ability of driving and operation and drive the motor vehicle with due care, while learning traffic laws and regulations;

Although the Defendant had already been punished several times due to drinking driving, driving without a license, etc., the Defendant has repeated without a license in the state of revocation of the license due to drinking, and there is a need for strict punishment.

However, the defendant does not drive without a license.

The sentencing conditions specified in pleadings, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as the order.

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