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(영문) 수원지방법원 여주지원 2017.08.30 2017고단835
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On May 6, 2015, the Defendant was issued a summary order of KRW 300,000 as a fine for a violation of the Road Traffic Act (unlicensed Driving) in the leisure support of Suwon Friwon, and on December 20, 2013, the same court was sentenced to a suspended sentence of ten years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (unlicensed Driving) and a violation of the Road Traffic Act (unlicensed Driving). On May 23, 2017, the Defendant filed a summary order with the same court as a violation of the Road Traffic Act (unlicensed Driving) and is still pending trial.

[2] On June 6, 2017, around 18:10 on June 6, 2017, the Defendant: (a) driven a motor vehicle with B low-speed without obtaining a motor vehicle driver’s license from a parking lot for a voice stop in the middle line of Samsung-gun, Samsung-gun, Samsung-gun, the Southern-gun, an expressway, from around 30km to the parking lot for the same expressway.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. The defendant, who had been punished several times due to the same type of crime (two times a suspended sentence of imprisonment, and five times a fine) with the same reason for the punishment under Article 152 subparagraph 1 of the pertinent Act and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (elective selection of imprisonment) concerning the crime of this case, shall be sentenced to the same punishment as the order, taking into account the circumstances of committing the crime of this case, even though it was controlled while driving a license without a license on April 15, 2017.

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