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(영문) 서울중앙지방법원 2020.04.17 2020고단508

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 29, 2019, the Defendant driving approximately 10 meters of H-to-purd vehicle on the front of the Seocho-gu Seoul Metropolitan Building without obtaining a driver's license on November 29, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the register of driver's licenses and disqualified statutes of the main office;

1. The Defendant, on July 2019, was sentenced to two years of imprisonment with prison labor for injury at the Seoul Central District Court for the pertinent provision of the relevant criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding the choice of punishment, and the reason for sentencing of imprisonment with prison labor, was determined at the Seoul Central District Court, and the judgment became final and conclusive at that time, and was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act at the Seoul Central District Court on the day of the instant crime (the Defendant’s driver’s license was revoked on April 16, 2019).

In addition, the defendant has been punished for both drinking driving or driving without a license, including four times a fine, three times a fine, one time a suspended sentence of imprisonment due to driving without a license, etc. in the past.

In light of these points, the sentence of imprisonment for the defendant is bound to be sentenced.

However, the fact that the defendant shows the attitude to recognize and repent the facts of crime is considered as favorable to the defendant, and the defendant's age, character and behavior, health conditions, environment, family relationship, family environment, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case shall be determined as ordered by considering the following factors.