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(영문) 의정부지방법원 2017.08.04 2017고단2058
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

1. On February 22, 2017, at around 15:05, the Defendant, without a vehicle driver’s license, driven Cunstun cargo vehicles at approximately 10 km section from the Defendant’s house located in Gyeonggi-gun B, to the front road in front of the 10km-gu Gawon located in Pyeongtaek-gu, Bupyeong-gu, Seoul.

2. On March 21, 2017, the Defendant, without a vehicle driver’s license, driven Cunst Cargo Vehicles at approximately 3 km from the front of the Gyeonggi-gu Gam-gun, B to the Defendant’s house located in Gyeonggi-gu, Gyeonggi-do, B, without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Requesting the investigation of unauthorized Driving Cases;

1. Application of Acts and subordinate statutes for reporting voluntary accompanying;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act selected as a penalty.

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) 10-month imprisonment with prison labor for a crime of violating the Road Traffic Act (unlicensed Driving) at the Central District Court on February 2, 2017; (b) 2-year suspension of execution; and (c) 10-month suspension period; and (d) the probation period is still under suspension of execution; and (e) 5-time punishment for a crime of violating the Road Traffic Act (d) and 5-time suspension of execution (one-time suspension of execution).

Nevertheless, even though the Defendant is subject to protection observation, the Defendant was discovered through two times or without a license and committed this case. It is reasonable to impose a fine on the Defendant who repeats the same kind of crime on the ground that it is a probation period, and thus, it is so ordered as per Disposition.

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