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(영문) 서울중앙지방법원 2016.10.12 2016고단4604
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal power] On October 2, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving without a license) at the Seoul Eastern District Court on February 5, 2016. On February 5, 2016, the Defendant was issued a summary order of 1,500,000 won for a violation of the Road Traffic Act (driving without a license) at the Changwon District Court Branch Branch of the Changwon District Court on February 5, 2016. On May 6, 2016, the Defendant was issued a summary order of 1,50,000 won for a violation of the Road Traffic Act (driving without a license) at the Seoul Central District Court on May 6, 2016.

【Criminal Facts】

On June 29, 2016, at around 23:10 on June 29, 2016, the Defendant, without a car driver’s license, driven a car numbering car from the roads of Jongno-gu Seoul Jongno-ro, Jongno-gu, Seoul to the roads of 355 Cheongcheon-ro, Jongno-gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. The driver's license ledger;

1. Previous convictions: Criminal records, investigation reports (report on confirmation of the same criminal records as suspects), court rulings, and application of Acts and subordinate statutes of each summary order;

1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a sentence of alternative imprisonment (to consider sentencing conditions, such as the age, character and conduct, environment, and circumstances after the crime, including the fact that the defendant has been punished for driving without obtaining a license and driving under drinking on several occasions as stated in its reasoning);

1. Article 62 (1) of the Criminal Act;

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