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(영문) 서울중앙지방법원 2018.10.19 2018고단5097

도로교통법위반(무면허운전)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 15, 2018, at around 16:55, the Defendant driven a Class 145 hotel located in the Jung-gu Seoul, Jung-gu, Seoul, without obtaining a driver's license from around about 900 meters from the front of the Sejong hotel to the 72-ro of the same gu, Namsan Matern, which is located in the same 145-ro, and without obtaining a driver's license from around 900 meters.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Vehicle photographs;

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

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

2. Article 62 (1) of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing).

3. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service was sentenced to a fine of three times and a suspended sentence of one time, the Defendant again committed the instant crime at a disadvantage. However, there are circumstances to take into account the circumstances leading to the instant crime, and the above punishment history was prior to 2011, and all other factors of sentencing as shown in the instant trial process, such as the Defendant’s age, sex behavior, family relationship, circumstances leading to the instant crime, and circumstances after the instant crime, shall be determined as ordered by considering all of the factors of sentencing as indicated in the instant trial process