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(영문) 서울중앙지방법원 2017.09.08 2017고단4419

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On May 20, 2015, the Defendant was sentenced to 10 months of imprisonment due to a violation of road traffic law (unlicensed driving) at the Seoul Central District Court on May 20, 2015, and completed the execution of the sentence at the third intersection of the North Korean Northern Island on March 17, 2016.

[Criminal facts] around 06:30 on May 18, 2017, the Defendant driven Bone Star Co., Ltd without a driver’s license at approximately 4 km from around 30, 2017 to around 55, the same from around 30, 2015, Cheongju-ro, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. The driver's license ledger;

1. Photographs (No. 3 once a year);

1. Previous convictions in the judgment: A reply to inquiry, such as criminal history, a report on the results of confirmation of the previous convictions and previous convictions without disposition (32 pages of evidence records), a criminal report (Attachment to the same type of judgment), each written judgment (No. 9 times a year), the application of Acts and subordinate statutes concerning personal

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of a sentence of alternative imprisonment (the defendant has been subject to punishment several times due to driving without a license for drinking alcohol in the past, and there are many records of punishment as a sentence among them;

On March 17, 2016, after having been sentenced to imprisonment for the same kind of crime, the offender was released from prison on the same day, and the offender was found to have been committing two times or more during the repeated crime period, and the offender was specifically punished by a fine, considering that the offender was during the repeated crime period, and again committed the instant crime again after several months after being sentenced to a fine.

In full view of these circumstances, considering that the defendant's criminal facts are recognized and the sentence of suspended sentence is impossible if the defendant selects imprisonment with prison labor, it is difficult to arrange the defendant any longer.

Accordingly, the defendant shall be punished by imprisonment)

1. It is so decided as per Disposition on the grounds of Article 35 or more of the Criminal Act for aggravated repeated crimes.

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