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(영문) 서울서부지방법원 2019.05.09 2019고단89
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On August 24, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Western District Court on October 10, 201, and the said judgment became final and conclusive on September 1, 2017 and is still under suspended execution.

【Criminal Facts of Crimes】 On November 29, 2018, the Defendant driven a DSS5 vehicle from the front of Seodaemun-gu Seoul to the front of Yongsan-gu Seoul, Seodaemun-gu, Seoul, without obtaining a driver’s license on the vehicle driving on November 29, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses, and report on the state of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, reply reports, investigation reports (verification, etc. during the period of suspension of execution of the same type of electric power), judgment, etc.;

1. Relevant legal provisions regarding criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act of the choice of a sentence, the reason for sentencing of imprisonment (unfavorable circumstances) is that the Defendant has the past history of repeatedly passing a license without permission and driving under the influence of alcohol, or of criminal punishment on five occasions or more in the past.

In addition, the defendant was sentenced to two years of suspended sentence in October of 2017 due to non-licensed driving, etc., but repeated without any awareness of any crime during the suspended sentence.

In addition, the Defendant was found to have been driving without license in the process of regulating traffic offenses at the time of committing the instant crime.

In light of the criminal records and the attitude of compliance significantly lacking, the sentence of sentence equivalent to the criminal liability of the accused is inevitable.

【Grried circumstances】 The defendant's mistake is recognized to have been repented in depth.

The occurrence of the traffic accident was not occurred at the time of the pertinent unauthorized driving.

There is a family member to support.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

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