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(영문) 서울중앙지방법원 2016.03.09 2015고단7558
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 9, 2015, the Defendant issued a summary order of which fine of one million won is imposed on a crime of violating road traffic law (unlicensed driving) at the Seoul Eastern District Court, on May 12, 2015, a summary order of which fine of two million won is imposed on the same crime as a fine in the support for the development of Suwon Friwon Friwon, and on August 7, 2015, the Seoul Central District Court issued a summary order of which fine of three million won is imposed on the same crime.

[Criminal facts] On November 23, 2015, around 15:30 on November 23, 2015, the Defendant driven a B E-car without a driver’s license from around approximately 2 km section from the front day of the Seocho-gu Seoul Special Metropolitan City Seocheon-dong, to the 5-4-ro, Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (report on confirmation of the history of punishment for driving a suspect without a license), and application of three copies of the summary order;

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 alternative imprisonment with prison labor (the defendant commits the same crime within a short time even though he/she was punished on three occasions due to driving without obtaining a license, as stated in its reasoning, taking into account the age, sex, environment, circumstances after the crime, etc. of the defendant);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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