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(영문) 서울중앙지방법원 2018.06.21 2018고단1399

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On 13:20 on 27, 2018, the Defendant, without a driver’s license of a motor vehicle, driven approximately 1km on the road front of the 12 “FL”-ro, Gwanak-gu, Seoul Special Metropolitan City, for the same Gu, from the road to the 51 “FL” parking lot of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (driving without a license) and reporting on the situation of driving without a license;

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

1. In light of the relevant legal provisions on criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act, the grounds for sentencing of sentence of imprisonment and selective punishment are subject to punishment once by drinking in 2009, the Defendant was subject to punishment by drinking in 2014, and the Defendant was subject to punishment by drinking refusal in 2014. In 2016, the Defendant committed the instant crime even though he/she was under suspension of execution by drinking driving, and was sentenced to a fine once by driving without a license in 2016 under suspension of execution, it is inevitable to sentence sentence.

However, the above punishment shall be determined by comprehensively taking account of the following circumstances, such as the fact that the defendant is committing a crime and is against the defendant's age, sex, environment, background and result of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the records and arguments of this case.