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(영문) 서울북부지방법원 2014.08.28 2014고단992
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 23:05 on March 24, 2014, the Defendant driven B cargo at a 600-meter section of Dobong-gu Seoul Metropolitan Government up to 963 meters from the Dowing-ro 164-ro 10, Dobong-gu, Seoul, without a car driver's license, to the road located in 963:12 on the same day.

around 09:15 on March 26, 2014, the Defendant driven B cargo at a section of about 500 meters from the 5-6 Dobong-ro 16-6, Gangnam-gu, Seoul to the 36 Dobong-ro 19, Gangnam-gu, Seoul, without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the ledger of driver's licenses;

1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;

1. From among concurrent crimes, in light of the fact that the defendant committed the crime of this case repeatedly over two occasions during the grace period only after the court sentenced a two-year suspended sentence to imprisonment with prison labor for the same kind of crime, it is inevitable to sentence the defendant as to the crime of this case, in addition, even though the defendant had a record of being sentenced to several fines for the same crime, even though he was sentenced to a concurrent punishment as prescribed by the Road Traffic Act of March 26, 2014, which is heavier than the sentence of the crime of this case (a concurrent punishment for the crime of violating the Road Traffic Act of March 26, 2014).

However, if the judgment of this case becomes final and conclusive, the sentence shall be determined as ordered in consideration of the fact that the previous judgment of suspension of execution becomes void and that the defendant seems to have driven for the purpose of living.

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