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(영문) 서울북부지방법원 2018.10.04 2018고단3241

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

【Criminal Records】 The Defendant was sentenced to a suspended sentence of two years for a year in the Seoul Eastern District Court on April 25, 2018 due to a violation of road traffic laws (drinking), and the same year.

5.3 The above judgment became final and conclusive.

【Criminal fact-finding on August 5, 2018, the Defendant driven B rocketing car without a driver’s license from the shooting distance of private homes in Jung-gu, Seoul to the front of the bus stops located in 11-9, Nowon-gu, Seoul, to the 51-9 road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding criminal facts, and Article 152 Subparag. 1 and Article 153 of the Road Traffic Act (unlicensed Driving) regarding the selective sentencing of imprisonment, the Defendant has been punished more than once due to a violation of the Road Traffic Act. The instant crime is a crime committed during the period of suspension of execution, in which the Defendant was sentenced to a suspended sentence on the grounds of drinking driving, and was sentenced to a suspended sentence for three months after the judgment became final and conclusive.

In light of the criminal records of the defendant's criminal intent, the defendant's choice of imprisonment with prison labor is inevitable, as it appears that the awareness of compliance with traffic laws and regulations is imminent, and the sentence of imprisonment with prison labor is inevitable.

The Defendant: (a) caused the destruction by a seat who is the owner of a vehicle, and (b) led to driving on behalf of the seat.

However, since the above vehicle is a vehicle which the defendant has been continuously driving from 2009, it is confirmed through the judgment of the previous criminal record, it is judged that the defendant's vindication could not hear from ear.

However, if this judgment becomes final and conclusive, the circumstances such as the fact that the previous conviction in the judgment appears to be invalidated, the fact that the defendant repents and reflects his mistake, etc., and other circumstances leading to the defendant's age, sexual conduct, and the crime of this case.