logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2016.11.30 2016고단2787
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On February 12, 2015, the Defendant was sentenced to 6 months of imprisonment and 600,000 won of a fine for obstruction of performance of official duties at the Suwon District Court on February 12, 2015, and completed the execution of the sentence in the female prison on May 2, 2015.

On September 27, 2013, the defendant was sentenced to a fine of KRW 2 million due to a violation of the Road Traffic Act (unlicensed Driving) in the Sung-nam branch of Suwon District Court on September 27, 2013 and has three times the same records of force.

【Criminal Facts】

1. Around 01:20 on June 17, 2016, the Defendant driven a ecller C300 vehicle from the front side of 265 p.m. to the 6th road of 1221 p.m., as the same ecller C300 vehicle, without a driver’s license.

2. Around 22:40 on June 20, 2016, the Defendant, without a driver’s license, driven 145 vehicles from the 145-way to the 1226-way road due to the revision of the Sungnam-si Si, Sungnam-si, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report;

1. Report on the safe operation of a motor vehicle without license;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification, etc. of the period of repeated crime of a suspect), and application of Acts and subordinate statutes concerning investigation reports (Attachment to the same type of

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

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, it is recognized that there are favorable circumstances, such as the defendant's awareness of the sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for both concurrent crimes.

However, the defendant has been sentenced to a fine of KRW 7 million in the first instance trial on May 4, 2016, and is still in the current appellate trial, when he has been sentenced to a fine of KRW 7 million in the first instance trial due to a violation of the Road Traffic Act (driving).

Nevertheless, the Defendant committed the instant crime again, and on June 17, 2016, was investigated on the detection of unauthorized Driving.

arrow