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(영문) 서울중앙지방법원 2019.10.23 2019고단3174
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

However, 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 May 1, 2019, the Defendant was sentenced to a suspended sentence of four months by imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court on May 1, 201, and the judgment became final and conclusive on May 9, 2019.

【Criminal Facts】

The defendant is a person who is engaged in driving a B car.

around 15:00 on March 22, 2019, the Defendant driven the said car without obtaining a driver’s license from the area of approximately 6 km from the Seo-dong, Seo-dong, Seo-gu, Seoul Metropolitan City to the area adjacent to the Seoul Western Highway.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous convictions in judgment: Criminal history records, probationary records, reporting results of confirmation before disposition, copies of judgment, and application of the Acts and subordinate statutes of search of cases by Supreme Court B;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Based on the reasons for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions specified in the trial process of this case, including the Defendant’s age, character and conduct, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as above.

The defendant reflects the crime of this case.

Punishment shall be determined in consideration of the equality in cases where judgment is to be rendered concurrently with the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act.

The defendant has been punished for a fine of KRW 1.5 million for a violation of the Road Traffic Act in 2009, a fine of KRW 2.5 million for a violation of the Road Traffic Act in 201, a fine of KRW 1 million for a violation of the Road Traffic Act in 2016, a fine of KRW 1 million for a violation of the Road Traffic Act in 2016, a violation of the Road Traffic Act in 2016, and a violation of the Road Traffic Act in 2016.

In addition, a judgment is rendered with the same facts charged as the judgment.

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