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(영문) 서울동부지방법원 2017.02.08 2016고단4160
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 4160] On November 11, 2016, the Defendant driven a Category C rocketing car without a driver’s license from the front day of the Jindo Do Do to the upper day of about 500 meters from the same City/Do 401-54, to the same Do Do Do Do Do Do.

[2016 Highest 4176] On November 25, 2016, the Defendant driven a rocketing car without a driver’s license from around 500 meters from the front day of the Jindo Do in Gwangju-si to the front day of the Safety Center in the same city, from around 00 meters away from the Do-do Do-si in Gwangju-si to the front day of the Safety Center in the same city.

Summary of Evidence

[2016 Highest 4160]

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving without a license, report on control of persons suspected of driving without a license, and the register of driver's licenses for motor vehicles;

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes to the ledger of drivers' licenses, such as arrest reports on the occurrence of the incident, vehicle inquiry, and vehicle accident;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (Selection of Imprisonment with prison labor);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant has already been sentenced to six times a fine due to drinking driving and driving without a license even though he had the record of being sentenced to six times a fine due to driving without license, driving without license on November 11, 2016, and driving without license on November 25, 2016, which is about 14 days, should be subject to strict punishment.

However, the fact that the defendant is in depth divided, and that he does not repeat again.

It is so decided as per Disposition in consideration of all kinds of sentencing conditions, such as the fact that there is no record of punishment more severe than fines, the age of the defendant, etc.

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