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(영문) 인천지방법원 부천지원 2016.09.08 2016고단1549
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

On July 9, 2001, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (unlicensed Driving), etc. at the Seoul Southern District Court on February 16, 201, a fine of KRW 1.5 million for the same crime at the Seoul Central District Court on February 16, 2012, a fine of KRW 5 million for the same crime on March 31, 2014, and a fine of KRW 3 million for the same crime at the Seoul Central District Court on June 19, 2015, respectively.

On June 10, 2016, around 20:55, the Defendant driven Bsch Rexton vehicles owned by the Defendant without obtaining a driver's license in about 1 km section from the Dobong-dong, Gwanak-gu, Seoul to the Dobong-ro, Seoul Special Metropolitan City to about 279.5.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to a report on the circumstances of driving without a license;

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act shall be determined with additional probation, considering the fact that the defendant has been sentenced to a fine on several occasions due to driving without a license, and the risk of recidivism, such as being sentenced to a suspended sentence due to drinking driving, is not high;

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