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(영문) 서울북부지방법원 2017.08.31 2017고단1907
도로교통법위반(무면허운전)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 22, 2016, the Defendant was sentenced to imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on July 2, 2016, and completed the execution of the sentence at the Sungdong Detention House on December 25, 2016.

On April 23, 2017, at around 17:31, the Defendant driven a B-type cargo vehicle without obtaining a driver’s license from around 3km from the front of the Acheon Elementary School in the Scheon-si, Kimcheon-si to the front of the tower wabing road located in the same Si-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Reporting on the arrest of a case;

1. A disqualified inquiry;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of a crime during the period of a repeated offense);

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant was sentenced to a punishment by causing a traffic accident due to unauthorized licenses or drinking driving, and thus, he/she again drives without licenses even during the current repeated crime period, and that it is inevitable to drive without licenses;

Considering the circumstances such as the fact that it is not visible, the fact that it is against the law.

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