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(영문) 서울동부지방법원 2017.12.07 2017고단2750
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 4, 2017, the Defendant was sentenced to imprisonment for four months with prison labor for a violation of road traffic law (unlicensed driving) at the Seoul Eastern District Court on August 4, 201, and the sentence became final and conclusive on August 12, 2017.

The Defendant, around 10:20 on July 22, 2017, 2017, driven the freight vehicle in Cribea without obtaining a driver's license from around 1 1 km to around 15, Gwangjin-gu, Seoul Special Metropolitan City-ro 41-ro, Seoul-ro 41-ro, Seoul, to the neighboring road.

The Defendant, around 14:40 on July 1, 2017, 2017, driven a freight vehicle Cribe without obtaining a driver’s license from the 6rd road of Songpa-gu Seoul, Songpa-gu, Seoul to the 23rd road of the 23rd-ro, Songpa-gu, Seoul, and thereafter, from around 5km to the 23-1st road of the 160-ro 160-1.

Summary of Evidence

"2017 Highest 2750"

1. Statement by the defendant in court;

1. An explanatory note;

1. A driver's license inquiry letter " 2017 Highest 3089";

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. "Prior record of judgment" of the driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Investigation report (report on the binding of the text of the judgment and a copy of the summary order), and application of Acts and subordinate statutes reporting previous convictions and confirmations;

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

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes were punished by a fine on three occasions in 2016. On April 18, 2017, the Defendant, who was punished by a fine on three occasions, was driving without a license, once again, while the trial is in progress.

Since the defendant repeated driving without a license in a short period and committed a second offense even before the sentence of the judgment, the defendant is sentenced to punishment.

In addition to these circumstances, the defendant's age, family relationship, circumstances after the crime, and the first head of the judgment are the same.

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