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(영문) 서울남부지방법원 2016.07.05 2016고단1012
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On April 30, 2014, the Defendant was sentenced to 10 months of imprisonment by the Seoul Central District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act (unlicensed Driving), and the enforcement of the sentence was completed on January 13, 2015 at the Seoul Detention Center.

[2] On March 8, 2016, at around 23:00, the Defendant driven a vehicle BK5 vehicle without obtaining a driver’s license from around 600 meters from the front side of the exit 10, Gangnam-gu, Seoul, Gangnam-gu, Seoul, 403, to the front side of the exit 23:15 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as personal identification/ acceptance status, text of judgment, criminal history, etc.;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to two years; and

2. Determination of sentence: Imprisonment with prison labor for a period of four months (unfavorable circumstances) (or a fine of five hundred thousand won for a violation of the Road Traffic Act on December 18, 1998; fine of five million won for a violation of the Road Traffic Act; fine of five million won for a violation of the Road Traffic Act on April 19, 2004; fine of one million won for a violation of the Road Traffic Act (licensed driving) on September 14, 2007; fine of one million won for a violation of the Road Traffic Act (licensed driving) on September 14, 2007; imprisonment with prison labor for a violation of the Act on June 19, 2012; imprisonment with prison labor for a violation of the Road Traffic Act on May 18, 2015; and imprisonment with prison labor for a fine of eight million won for a violation of the Road Traffic Act (unlicensed driving); and imprisonment with prison labor for a violation of the Road Traffic Act on April 30, 2014;

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