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(영문) 서울중앙지방법원 2017.10.25 2017고단3674
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 3674] On May 23, 2017, the Defendant driven a CDao-Type Purpose Vehicle without obtaining a driver’s license from the front of the school, such as large-type advertisements in which 5 is located in 104-42, Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to the front road, from around 2 km-ro, Jongno-gu, Seoul, Jongno-gu, Cheongcheon-ro, Seoul, up to the front road.

[2017 Highest 3679] On March 27, 2017, the Defendant driven approximately 1.5km from the front of the Jongno-gu Seoul Jongnosan Park to the front of the 41st century-ro, Jongno-gu, Seoul, the head of Jongno-gu, Seoul, with no driver’s license on March 27, 2017 to the front of the exit of 308 Dong-gu, Seoul, Seoul, the Do-type vehicle was driven by approximately 1.5km.

Summary of Evidence

[2017 Highest 3674]

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. The ledger of driver's licenses and the register of lanes (2017 Height 3679);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

1. Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for the choice of punishment (the Defendant committed the instant crime again despite the fact that the Defendant had already been punished for driving without a license several times prior to the instant case; the Defendant appears to have continuously been under driving without obtaining a license after the revocation of the license in 2013; in particular, it appears that he/she had an attitude of disregarding the law continuously, such as being exposed to three times only in 2017 and being exposed to being exposed to driving without a license; however, the Defendant shall be punished by imprisonment with prison labor in consideration of the circumstances such as the fact that a fine seems to be more difficult to function as punishment).

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (a) of the suspended execution is a sentence of imprisonment without prison labor or a heavier punishment until it has yet to be served as a result of the fact that the defendant is against the status of criminal facts, or has been detained for about one month;

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