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(영문) 수원지방법원 2019.06.12 2018고단375
도로교통법위반(무면허운전)
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On February 7, 2018, the Defendant was sentenced to two years of suspended execution for a violation of the Reserve Forces Act at the Suwon District Court on the grounds of a violation of the Reserve Forces Act, and the judgment became final and conclusive on February 15, 2018.

【Criminal Facts】

around 10:30 on December 26, 2017, the Defendant driven the EKan-Engine without obtaining a driver’s license in a section of about 700 meters from the front road located in Gangnam-gu Seoul Metropolitan Government B to the front road of the same Gu building.

On August 5, 2017, the Defendant driving GMC car or car on the front side of the Gyeonggi-do Office, with the driving license around 14:30 on August 5, 2017.

Summary of Evidence

"2018 Highest 375"

1. Defendant's legal statement;

1. Control note;

1. The ledger of driver's licenses;

1. Previous convictions: In case summary information inquiry, Suwon District Court Decision 2017 Godan3156 decided "2018 Godan413";

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and report on the internal inspection;

1. The driver's license ledger;

1. Previous convictions: Application of the summary information inquiry of the case and the Suwon District Court Decision 2017No3156 of the Decision;

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is that the Defendant, who does not have obtained a driver’s license, drives without obtaining the license, and the nature of the crime is not weak, and the Defendant has been punished on several occasions without a driver’s license, and even without being aware of it, has a considerable possibility of criticism in that he re-driving without obtaining a driver’s license.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant committed a violation of the Act of the Reserve Forces in the final judgment against the defendant.

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