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(영문) 의정부지방법원 2018.07.10 2018고단1528
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the District Court on May 26, 2017, and the same year

6.3. The ruling becomes final and conclusive and currently during the suspension of execution.

[Criminal facts]

1. On January 6, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving the EK5 vehicle without obtaining a driver’s license from the front side of the ice apartment, a new ice, located at 1:272 km each other in the Southern-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul, to the roads near the same city.

2. On January 6, 2018, the Defendant was found to have been driving without a license while driving the E-5 vehicle owned by the Defendant on the roads near the Namyang-ju (D), around 16:00, and was demanded to present a driver’s license from the slopeF belonging to the Namyang-ju Police Station.

Accordingly, the defendant presented that the defendant's driver's license of Class G 2 ordinary motor vehicle is the driver's license of the defendant, who was named in the name of the Commissioner General of the Korean National Police Agency in the north area of Gyeonggi-do, which is an official document in possession.

The Defendant denied his official document as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions: Application of Acts and subordinate statutes to criminal history inquiry, sentence, and search results of integrated cases;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (a point of driving without a license) and Article 230 of the Criminal Act (a point of uttering of an official document) and the selection of a sentence of imprisonment for a crime;

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) the Defendant was driving without the instant license during the suspended execution period due to drinking, etc.; and (b) when the Defendant was found to have driven without the license by a police officer, the Defendant is a serious crime of presenting his identity card of G to be exempted from punishment.

Therefore, the defendant is sentenced to punishment.

However, all of the crimes of this case are committed by the defendant.

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