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(영문) 서울남부지방법원 2018.08.30 2017고단4068
도로교통법위반(무면허운전)
Text

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

Reasons

Punishment of the crime

On September 20, 2017, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating road traffic laws (non-licensed driving) at the Seoul Central District Court on September 20, 2017, and the judgment became final and conclusive on September 28, 2017. On November 1, 2017, the Defendant was sentenced to a suspended sentence of 2 years for 4 months for a crime of violating road traffic laws (non-licensed driving) at the same court and became final and conclusive on November 9, 2017.

On June 11, 2017, the Defendant, without obtaining a driver's license for a motor vehicle from around 23:00, driven a motor vehicle with 2.3 km from the upper world of the Suwon General Athletic Site located in 893 at the border of the Suwon-si, Suwon-si, Suwon-si, from around 2.3 km away from the 876 km section to the upper road of the Suwon-si, Suwon-si.

Summary of Evidence

1. The second trial records (the defendant's legal statement);

1. A written statement of vehicle operation;

1. The ledger of driver's licenses and photographs related to controlling unauthorized licenses;

1. Previous conviction: References to inquiries, such as criminal history, reports on investigation (report on the same criminal record and confirmation of the suspect), and application of statutes significantly true to this court;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The latter part of Article 37 of the Criminal Act to deal with concurrent crimes: Article 39(1) [Attachment to each violation of traffic laws (non-licensed driving) for which the judgment has become final and conclusive] The defendant has four criminal records of a summary order of a fine due to the crime of violating the Road Traffic Act and/or the crime of violating the Road Traffic Act (non-licensed driving) from 2016 to the crime of this case; one criminal record of a summary order of a fine due to the crime of violating the Road Traffic Act (non-licensed driving) due to the crime of this case; two criminal records of a suspended sentence of imprisonment; the defendant has two criminal records of a suspended sentence of a fine; and the criminal records of a suspended sentence of a fine are heavier than those of a non-licensed driving.

In this case, even if the Defendant was served with a duplicate of indictment, a writ of summons, etc. and was present on the second trial date on October 24, 2017, and was notified on December 7, 2017 after being tried, the Defendant intentionally avoided the trial by departing from Vietnam on November 2017.

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