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(영문) 서울남부지방법원 2017.09.14 2017고단2845
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On April 9, 2015, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law (unlicensed driving) at the Seoul Southern District Court (Seoul Southern District Court) and completed the execution of the sentence on October 8, 2015.

[ criminal facts] On March 14, 2017, the Defendant driven a coo motor vehicle in F without obtaining a driver’s license from the front day of 1533 pak-ro 153, Goak-ro 1085, from the front day of YY-ro 14:30, Goak-ro 153, Goak-ro 1085, to the border-ro 1085, Goak-ro 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, details of revocation of a license, and the ledger of driver's licenses;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (verification of repeated crimes), and application of Acts and subordinate statutes on personal confinement;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes has been punished 12 times only by driving without a license, including the reason for sentencing, suspension of the execution of sentence, and sentence. The crime of this case was committed during the repeated crime due to driving without a license, which was punished by a summary order of KRW 300,000 by driving with a license without a license, during the repeated crime period, and was sentenced to a fine of KRW 3 million by this court on January 17, 2017, while the court was sentenced to a fine of KRW 3 million on January 17, 2017, the crime of this case was committed (the appeal of this case was rendered by the prosecutor on May 25, 2017). Other circumstances such as the Defendant’s character and behavior, environment, Defendant’s current fact that he is a HIV patient, circumstances of the crime, driving distance, and circumstances after the crime are determined as ordered by the order.

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