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(영문) 서울중앙지방법원 2018.11.14 2018고단4733
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 31, 2018, the Defendant, without obtaining a driver’s license from around 00:20 on March 31, 2018, driven the ENA-si car from around 2 to 300 meters away from the front side of the mutual convenience store in the Gangnam-gu Seoul Seo-dong to D.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 152 Subparag. 1 and Article 43 of the Act on the Management of Road Traffic, the reason for sentencing of sentence of imprisonment and selective punishment on the crime, the Defendant had had a record of juvenile protective disposition or criminal punishment on six occasions due to a license without permission in the past. The Defendant has no record of obtaining a driver’s license. In particular, even if the Defendant was punished for driving without a license on July 2016, the Defendant was dismissed from driving without a license on three occasions from October 2017 to the instant case on three occasions.

In light of the fact that the defendant has a large number of criminal records of the same kind and that it seems that the possibility of re-offending is high, it is difficult to avoid severe punishment because the defendant has a very weak awareness of compliance and is likely to be criticized.

In addition, various sentencing factors in the records, such as the defendant's age, sex, family environment, motive and circumstance of crime, etc., shall be determined as per the disposition.

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