logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.05.15 2016고단4124
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On October 10, 2016, Defendant 2016, Defendant 4124, driven a motor vehicle driver’s license in the section of about 5 km from the Dong-gu, Seoul Special Metropolitan City to the 685 Sungdong-dong, Seongdong-gu, Seongdong-gu, Seoul, without obtaining a motor vehicle driver’s license, from around 07:40,00 to the road northwest-do.

2. Around March 1, 2017, Defendant 2017, 13:57, 2017, Defendant 2 driven C rocketing car without obtaining a driver’s license from the 87-ro, Songpa-gu, Seoul, Songpa-gu, Seoul to the 1km North-ro, 139 roads.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note for each control;

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

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Aggravation of Concurrent Crimes are subject to criminal punishment on April 4, 2016, including the receipt of a summary order of a fine of KRW 3 million for a crime of violating the Road Traffic Act (unlicensed driving) and seven times for the same crime.

Moreover, even though the Defendant was indicted for committing a crime under paragraph (1) of the judgment, and the charge was recognized on the first trial date on January 23, 2017, the Defendant again committed a crime under paragraph (2) of the judgment on March 1, 2017.

Even when considering all the sentencing data submitted by the defendant, sentence is inevitable for the defendant.

In addition to the above circumstances, this court determines the punishment as ordered in consideration of various sentencing conditions, such as the fact that the defendant misleads the defendant and reflects the fact that there is no history of punishment heavier than the fine in relation to the driving of the motor vehicle, the circumstances leading to the driving of the motor vehicle without a license, the age and family relationship of the defendant, occupation, and circumstances after the crime.

arrow