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(영문) 인천지방법원 2018.04.04 2017고단8608
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2017 Highest 8608] Notwithstanding the suspension of the validity of a driver’s license from July 23, 2017 to August 31, 2017, the Defendant driven B K7 vehicle from the 10km to the front road of the city of Eunpyeong-gu, Seoul at around 02:0 on August 12, 2017, with a joint signature of Eunpyeong-gu, Seoul at around 28-gil 8 to the 94 new village, from around 10km to the front road of the city of Mapo-gu.

[2018 Height 117] From around 19:10 on December 23, 2017 to December 19:16, 2017, the Defendant driven a DNA car in the name of C without a motor vehicle driver’s license from around 158 Mmke to December 23, 2017, according to the Seo-gu Incheon, to December 23, 2017.

[2018 Height 614] Around 07:00 on January 1, 2018, the Defendant driven a eF rocketing car without obtaining a driver’s license from approximately 50 meters from the 41st day of the Seodaemun-gu Seoul Seomun-gu Seoul Western to the 7rd day of the 25rd day.

Summary of Evidence

[2017 Highest 8608]

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. Each photograph;

1. Details of the disposition of driver's license suspension, and the ledger of driver's licenses (2018 high group 117);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. Notification of an administrative disposition in violation of the Road Traffic Act (2018 highest 614);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. In light of the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, as well as the fact that there was a history of having been punished several times for the same type of crime as the reason for sentencing, and that the crime of this case has been committed repeatedly and repeatedly during the period of suspension of execution (at the same time, even if one had already been placed one prior action), it is considered to have been committed in this case).

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