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(영문) 서울북부지방법원 2018.05.31 2016고단4085

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 2, 2016, around 14:45, the Defendant driven a DNA car without a driver’s license from approximately 30km-ro, Jung-gu, Seoul, to the road near the 321st century, from the 12nd road in Gyeyang-gu, Incheon, Gyeyang-gu, Incheon, to the 321st road.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

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

1. Examining the criminal facts in question, Articles 152 subparag. 1 and 43 of the Road Traffic Act (non-licensed driving) regarding the selective sentencing, and the criminal history of the defendant for the reason for sentencing of imprisonment, 700,000 won is the beginning of being sentenced to a fine due to a non-licensed driving on July 2002, 70,000 won due to a fine on September 200, 150 won due to a non-licensed driving on March 3, 2003, 1.5 million won due to a fine on around November 200, 200 won due to a non-licensed driving on March 1, 200, 3 million won due to a fine on around 201, 200 won due to a non-licensed driving on March 204, 201 to a fine on around 3 million, 200,000 won due to a non-licensed driving on around 200,000 won.

The defendant seems to have continuously continued driving of drinking and non-licensed driving, and in light of this, there are strong suspicions as to whether driving without a license, which has not been actually controlled, does not reach a considerable number of times.

Until now, since the punishment of the accused is both a fine or a suspended sentence, it seems that such punishment alone does not function properly in the function of the punishment, so that the accused will choose to be sentenced to imprisonment.

On the other hand, this case has been committed on September 22, 2016, and the defendant has been committed.