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(영문) 전주지방법원 2018.05.01 2017고단2422
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2017, around 14:30, the Defendant driven a rocketing car without obtaining a driver’s license from the front day of the Yakdong Hospital located in the Yakdong-gu, Seoul Special Metropolitan City on November 30, 2017 to the front day of the Yakdong-gu Simpam station located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of unauthorized drivers;

1. Letters;

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

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts; Article 152 Subparag. 1 and Article 43 of the Act on the Traffic of Roads; the Defendant, on the grounds of sentencing of sentence of imprisonment, has been subject to five times punishment for driving without a license; further, on November 15, 2016, the Defendant committed the instant crime even though he/she was under the period of probation and surveillance by being sentenced to a suspended sentence and surveillance of protection.

In this context, the defendant would not drive the vehicle without a license while disposing of the vehicle.

The punishment shall be determined as per the order by taking into account all the conditions of sentencing, such as the fact that the person is in the same place and is a licenseless driver.

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