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(영문) 서울중앙지방법원 2016.12.14 2016고단7604
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal power] On December 13, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 23, 2014, and sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed Driving) at the Seoul Central District Court on July 23, 2014. On August 4, 2016, the Defendant was issued a summary order to be sentenced to a fine of one million and five hundred thousand won for a violation of the Road Traffic Act (Free Driver’s License) at the Seoul Central District Court on Seoul Central District Court on August

【Criminal Facts】

At around 16:30 on October 5, 2016, the Defendant, without a car driver’s license, driven a BD freight vehicle from about 1 km section from the front intersection of the Seoul Jung-gu, Jung-gu, Seoul to the front side of the intersection.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records, written judgments, and summary order Acts and subordinate statutes;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of alternative sentence of imprisonment (the fact that a person drives without obtaining a license even though he/she had the same criminal records as the time of sales, considering the age, character and conduct, environment, circumstances after the crime, etc.);

1. Article 62 (1) of the Criminal Act;

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