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(영문) 서울서부지방법원 2018.02.01 2017고단3364

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around 03:35 on September 28, 2017, the Defendant driven a Radon car without obtaining a driver's license in the section of about 10km from the Do near the Maddong located in Mapo-gu Seoul, Yongsan-gu, Seoul to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right.

Around 12:50 on December 11, 2017, the Defendant driven a Radon car without obtaining a driver’s license from the Do in front of the new market in Jongno-gu Seoul, Jongno-gu, Seoul, to approximately 375-1 front roads, Jung-gu, Seoul, Seoul, to approximately 200 meters.

Summary of Evidence

"2017 Highest 3364"

1. Statement by the defendant in court;

1. "Reports on the circumstances of driving without a license and inquiry of driver's license";

1. Statement by the defendant in court;

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

1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, for the crime;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes have been punished twice by a fine for the same kind of crime, and the defendant committed the crime without a license on December 11, 2017 before the trial date, even though he/she was prosecuted by a driver without a license on September 28, 2017, and is waiting for the trial. According to the second reason for regulating the crime without a license, it is inevitable to sentence the defendant as to the defendant, in light of the fact that the defendant continued to drive without a license and can not be ruled out the possibility of concurrent driving.

In addition, in consideration of the various sentencing conditions shown in the records and theories, such as the fact that the defendant shows the attitude to reflect late and wrong, and there is no record of criminal punishment exceeding the fine, etc., the punishment shall be determined like the order.