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(영문) 서울중앙지방법원 2016.11.02 2016고단142
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 11, 2015, the Defendant issued a summary order that imposes a fine of two million won due to a violation of the Road Traffic Act (non-licenseless Driving) at the Seoul Central District Court on July 15, 2015, the Defendant issued a summary order that imposes a fine of two million won due to a violation of the Road Traffic Act (non-licenseless Driving) at the Suwon District Court on July 15, 2015, and on December 2, 2015, the Defendant issued a summary order that imposes a fine of two million won due to a violation of the Road Traffic Act (non-licenseless Driving) at the Suwon District Court on December 28, 2015.

【Criminal Facts】

On November 16, 2015, the Defendant, without a car driver’s license, driven a Brenic car from a place on which it was not influent to the five-lane road in front of the SKFPPP car station located in Seocho-gu Seoul 177, Seocho-gu, Seoul.

Summary of Evidence

1. A written statement of the occurrence of a traffic accident prepared by C;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of summary order, etc.), 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 alternative imprisonment with prison labor (to consider that the defendant runs without obtaining a license, even though he/she is found to run without obtaining a license several times in a short period as stated in its reasoning);

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

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