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(영문) 서울동부지방법원 2018.10.10 2018고단2050

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act at the Changwon District Court on May 30, 2018, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act, and the judgment on June 8, 2018 becomes final and conclusive and conclusive during the suspended sentence.

Criminal facts

On June 20, 2018, the Defendant, even though his driver’s license was revoked, was driving BNS car from approximately 4 km to BNS car on the front of the Seoul Compliance Support Center located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul to the Dong-dong 685, Seongdong-gu, Seongdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. The reason for sentencing under Articles 152 subparag. 1 and 43 (Selection of Imprisonment) of the Road Traffic Act became final and conclusive on June 19, 2018, and the Defendant reported to the Protection and Observation Office on June 19, 2018, which included special matters to be observed, including “not to drive a vehicle until obtaining a driver’s license,” by attending the Protection and Observation Office and attending the Protection and Observation Office on June 20, 2018, and became subject to the instant case as a result of regulating the violation of signal while driving a vehicle within one hour.

Nevertheless, the attitude of the execution of community service work is not sincere (the report of the protection observation office), and there are many criminal records including the same kind of crime.

It is reasonable to choose imprisonment with labor due to such bad cause.

Since the suspension of execution, protection observation system for special prevention has been seriously neglected, it is not serious that the suspension of execution will be invalidated.