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(영문) 서울남부지방법원 2012.10.26 2012고단1342
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 5, 2007, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Central District Court on June 15, 2009, a fine of 1.5 million won for a violation of the Road Traffic Act (Unlicensed Driving) at the Seoul Northern District Court on June 15, 2009, and a fine of 1.5 million won for the same crime at the Suwon District Court on November 24, 201, respectively.

In addition, on November 25, 2009, the Defendant was sentenced to imprisonment of one year and six months for fraud at the Seoul Northern District Court, and was released on February 28, 201 in the Ansan Prison on parole on the execution of the sentence, and the parole period passed on May 25, 201.

On December 29, 2011, at a point of 150 km in the original direction of the mid-top inland highway, which is located on a private road at the time of permanent residence around 17:30 on December 29, 201, the Defendant driven D-top car at approximately 30 km without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (reports on confirmation of the date of release A of a suspect);

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. On October 5, 2003, the Defendant for sentencing under Article 35 of the Criminal Act among repeated crimes was punished by a fine on two occasions by driving without a license in 2005 and 2009 without obtaining a new driver’s license after the cancellation of the previous driver’s license for motor vehicles on October 5, 2003. The Defendant was punished by a fine for non-exclusive driving immediately after being detained in the course of fraud.

Nevertheless, the defendant also tried to drive without obtaining a license, and in consideration of the above criminal records, the defendant selected imprisonment with prison labor in consideration of the above criminal records, and determined the punishment in consideration of the defendant's reflectability.

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

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